Can I obtain an order of protection against my ex-husband for taking our son around my parents during his time of visitation?

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Can I obtain an order of protection against my ex-husband for taking our son around my parents during his time of visitation?

My stepfather molested me and tried to attempted to forcibly rape me 27 years ago. I have publicly admitted this but have not filed formal charges, and I have for a year ceased communication with my mother because my stepfather and she are still together. This weekend during my son’s visitation with his father, my ex-husband took our 5 year old to visit my parent and my step father who molested me, when I asked him earlier this year to keep our son away from this abusive situation. Can I obtain a protective order based on this incident?

Asked on January 14, 2013 under Family Law, Maryland

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

A protective order is possible. However, if the only person who is allowing your step father to have access is your ex, you can file an emergency petition to modify visitation. In the visitation modification request, you will have to outline your prior history with your stepfather. If the court believes your testimony, the judge can prohibit your ex from taking the child around your stepfather. If he violates the order, he can have his visitation revoked.

Also licensed and practicing in Maryland.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about if you can demonstrate the potential of an imminent threat as to your child there is a possibility that the court could order an injunction precluding your step-father from having any contact with your minor child.

The best way to resolve the matter is to get an agreement with your "ex" stating that he will not bring your child to see your step-father. If he refuses, then you should consult with a family law attorney about seeking the restraining order you desire to ascertain the chances of success and costs.


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