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

UPDATED: Feb 18, 2012

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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