Is there any legal remedy if my wife moved to another place with the children and denied my visitation rights?

Full question:

I reside in Maryland. I have visitation rights of my two children who are in the custody of my wife. But my wife is denying my rights. She took the children to another place and I do not have access to them. In this situation, I want to make changes in the custody rights. Is there any remedy available to me in this regard?

  • Category: Divorce
  • Subcategory: Visitation
  • Date:
  • State: Maryland

Answer:

In Maryland, the court may order that the visitation be rescheduled, or modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order. This has been provided in Md. FAMILY LAW Code Ann. § 9-105, which reads as follows:
 
  “ In any custody or visitation proceeding, if the court determines that a party to a custody or visitation order has unjustifiably denied or interfered with visitation granted by a custody or visitation order, the court may, in addition to any other remedy available to the court and in a manner consistent with the best interests of the child, take any or all of the following actions:
   (1) order that the visitation be rescheduled;
   (2) modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order; or
   (3) assess costs or counsel fees against the party who has unjustifiably denied or interfered with visitation rights.”
 
In Maryland, the court may order that the visitation is rescheduled or modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order. This has been provided in Md. FAMILY LAW Code Ann. § 9-105, which reads as follows:
 
  “ In any custody or visitation proceeding, if the court determines that a party to a custody or visitation order has unjustifiably denied or interfered with visitation granted by a custody or visitation order, the court may, in addition to any other remedy available to the court and in a manner consistent with the best interests of the child, take any or all of the following actions:
   (1) order that the visitation be rescheduled;
   (2) modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order; or
   (3) assess costs or counsel fees against the party who has unjustifiably denied or interfered with visitation rights.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, keeping a child away from the other parent can backfire legally. Courts generally view parental alienation negatively. If one parent unjustifiably denies visitation, it may lead to consequences such as modification of custody arrangements or the imposition of penalties, including attorney fees. It's essential to adhere to court-ordered visitation schedules to avoid legal repercussions.