Visitation

Published on: July 1, 2010

Maryland Court of Special Appeals Denies Grandparent Visitation

Third party visitation cases have become increasing difficult cases to establish ordered child access. The standard has been and remains that in order for grandparents or other third parties to be awarded visitation with a grandchild/child they must show either parental unfitness or exceptional circumstances. For more information regarding third party visitation see our August 11, 2009 blog post. Maryland’s second highest court recently filed an opinion in the case of Brandenburg v. LaBarre on June 2, 2010, which held that in order to prove exceptional circumstances in a third party visitation case, third parties must show that without visitation there will be significant harm to the children. I am of the opinion that prior to this decision, exceptional circumstances could be proven without proving actual/significant harm to the children.

This visitation case was originally heard in 2008 in the Circuit Court for Anne Arundel County. The LaBarres, the children’s grandparents, filed a Complaint for Visitation after they had a falling out with their son and daughter-in-law, the Brandeburg’s. The Brandenburgs have four young children and until February 2008 the LaBarres cared for the children often and spent a great amount of time with the children. After hearing testimony from both sides, including the LaBarre’s testimony that exceptional circumstances existed because the children had previously spent so much time with them, the Judge granted the LaBarres one overnight visit a month and one week in the summer with the children. The Judge noted that the LaBarres had shown no evidence that the children had been harmed by lack of contact with them, but that it was unreasonable for them to have to do so given they had no contact with the children for some time. The Court of Special Appeals reversed the Judge’s decision stating that the test for exceptional circumstances is whether or not the children are suffering significant harm because they are not allowed contact with the third party seeking visitation. In this case, because the parents were fit, they have the right to decide who can visit their children unless these exceptional circumstances are proven.
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Published on: June 30, 2010

Facebook Page Evidence in Maryland Divorce Cases

By Monica Scherer

The Maryland Daily Record reported on June 28, 2010 that 81% of divorce attorneys have used Facebook as a form of evidence. It is a growing phenomenon in the family law practice and it has occurred in our practice in divorce hearings, custody hearings, and protective order hearings. The statements on a spouse or parent’s Facebook page may be just enough, and appears to have been just enough, to push the Judge in one direction or another in a case. Most Judges may not be aware of the context of a picture or statement on Facebook and with blurry evidentiary rules regarding their admission a picture that is funny to you may appear disturbing to a Judge.

Many may question why a Facebook page would be relevant in a divorce, custody or protective order matter. As explained in our February 28, 2010 blog, a fault based divorce such as adultery requires proof of both the opportunity and disposition for the adulterous relationship to be proven. A Facebook page displaying pictures or words of affection may be the key to proving the disposition element needed for adultery. As explained in our October 23, 2009 blog, in custody proceedings a significant factor that is considered is parental fitness. A Facebook page displaying irresponsible habits of a parent may question the fitness of that parent in caring for their child. As explained in our August 16, 2009 blog, the alleged abuse that is needed to enter a protective order can consist of a threat of serious imminent bodily harm. Such a threat on a Facebook page may be enough for a Judge to enter a protective order.
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Published on: December 3, 2009

Holiday Disputes in Maryland Custody and Visitation Matters

By Monica Scherer

With the holidays approaching many parents in divided households may be facing uncertainty or conflicts as to where their child(ren) will be spending the holiday. The Maryland Court system in years past has implemented specific instructions for what is known as “holiday court,” or the process that takes place in order to resolve these holiday access disputes. We have collected information from a few of the surrounding venues to find out how they will be handling this year’s (2009) holiday disputes.

Baltimore County Circuit Court
Baltimore County Circuit Court will consider holiday visitation disputes from November 23, 2009-December 19, 2009, and all disputes shall be submitted to Judge Dugan, who will assign each matter to a particular Judge on a rotating basis. When the case is assigned to the Judge who will hear the holiday dispute, the party should contact the Judge’s chambers with the name and contact information for all parties involved, the details of any efforts to reach an agreement between the parties, what relief each party is requesting, and what each party is proposing the holiday access schedule be.

Baltimore City Circuit Court
Baltimore City Circuit Court is hearing holiday visitation issues on December 8, 2009 and December 17, 2009 in front of Master Kelly. All requests for a holiday visitation hearing should be filed with the clerk’s office with a copy sent to the Family Law Coordinator as well.

Harford County Circuit Court
Harford County Circuit Court will forward all pleadings involving holiday disputes to the Family Law Coordinator, who will set the dispute in for a hearing either before a Judge or Master.
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Published on: November 27, 2009

Maryland Court of Special Appeals Vacates Same-Sex Visitation Case

By Monica Scherer

The Daily Record reports that the Maryland Court of Special Appeals has decided to vacate the Baltimore County Circuit Court’s decision to allow Larissa S. to visit with her ex-partner Melissa B.’s eight year old son. The couple dated for seven years, before deciding to have a child in 2001, through the help of a friend. After the couple broke up in 2002, Melissa gave birth to a second child. Larissa never adopted either child, but visited with both boys from 2002-2005 until she was denied access, which triggered her to file for visitation rights.

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Published on: August 18, 2009

Consequences of Violating Maryland Visitation Orders

By Monica Scherer

Many non-custodial parents (parents without primary physical custody) are left wondering what to do after being denied scheduled visitation with their child. As of July 1, 2009, those parents may not only have two, but three avenues to pursue.

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