If neither of us have been granted custody yet, doI have to let my son see his father?

Get Legal Help Today

 Secured with SHA-256 Encryption

If neither of us have been granted custody yet, doI have to let my son see his father?

I had a restraining order saying that he had to pay the babysitter and keep the schedule of every other day visitation. The order was not renewed. Now, he wants to get rid of the babysitter and have his girlfriend watch my son full-time. He pays for nothing else. I filed for custody and am waiting for the papers to serve him with. Can/should i file for emergency custody? Can I keep my son or do I have to stick to the schedule? My family is worried he will panic and disappear with my son.

Asked on February 18, 2012 under Family Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should do what you need to do to protect your son. If the restraining order was not renewed, you need to re-file, today. Bottom line is since there is no interim order, he may have rights and you may not be able to prohibit him from doing what he wants to do. If you feel your son is in danger, immediately contact the court and file for a temporary restraining order and petition to make it permanent.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption