Question:

How exactly do I keep a drug addicted criminal away from my baby while visiting with the non custodial parent? How do I prove in court or make my case? They have assault conviction, drug and weapon charges yet not convicted. CPS? Judiciary case search records?

Annapolis, MD Flag

Practice area: Child Custody

Answer:

Because you are talking about a baby, I am not going to assume that you have a custody order in place yet. If you do, you will need to file for a modification of that order as having this new person around your child may constitute a material change in circumstance. You would need to prove the material change in circumstance before the court can get to the issue of the best interest of the minor child.

If you do not have a custody order yet, you should file for one immediately. Everyone is presumed innocent until proven guilty, so just being charged in not enough. But the seriousness of the charges certainly is cause for concern. It also goes to the lack of good judgment the non custodial parent is using when they choose to associate with such individuals. Fitness of a parent is one of the factors the court will consider when deciding custody. For the other factors review my previous post entitled, “Custody Columbia Md Mental Illness”