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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Child custody/ visitation law in Maryland. husband convicted

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child custody/ visitation law in Maryland. husband convicted of misdemeanor offense of possession of child pornography... given 3 yrs probation, successfully attending group therapy. Allowed unrestricted access to his children in disposition/terms of his judgment by court setting probation. Wife now seeking divorce w/full custody and supervised visitation only. wife has allowed unrestricted visitation w/no incidents or adverse effects... wife says she does not believe husband is a threat to children (as does the state therapist running the group therapy), and that she (wife) is only filing due to satisfy/quiet the urgings of therapists, and to avoid the "label" (in eyes of child protection and social workers) of endangering the 5yr old son of husband. Seeking advice on how husband can/should proceed, & likely outcomes. Husband will be given retroactive PBJ on successful completion of 3 yr probation.
Thank you for your question. Please permit me to assist you with your concerns.

Before I respond I just wish to clarify that the legal information I provide is not considered to be 'legal advice' as I am not your attorney and cannot 'advise' you based on site rules and state bar limitations. Would that suffice?
Customer: replied 4 years ago.
I'm trying to decide if I should contest the custody (w/object of continued joint custody) and/or the unlimited visitation vs the supervised visits only. I have very limited funds (lost my job & no damn savings) only working part time for 2 temp agencies as an AV tech.... income last year was about $20K

Thank you for your follow-up. State law hinges on whether or not the custodial situation would be in the "best interest of the children" or not. By default you and the other parent share co-equal custody with exactly equal rights to the children prior to the courts getting involved. Then they make a determination based on the 'best interest' guideline and generally base a large portion of their analysis on 'fitness' of parents. That would be based on factors such as history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, moral turpitude and other other viable grounds. History of sexually related offenses would go toward criminality and potentially toward creating an unsafe environment in the eyes of the courts. They will likely take the side of the more 'fit' parent but there is no guarantee especially if there is nothing inherently dangerous toward the children themselves. Visitation, specifically supervised visitation, is most likely.

Hope that helps.
Customer: replied 4 years ago.
all of what you have told me is obvious and general knowledge. can you speak to the question/s from experience with the issues and/or state? if not please be candid

From experience the courts disfavor anyone with any sort of sexual history conviction especially those with child pornography backgrounds. Getting a supervised visitation custodial order is really common. That was not obvious or general knowledge, I simply provided you with what factors the courts pay attention to and that this specific factor is one of the most prejudicial when it comes to judges. I cannot tell you how your judge will rule as I am not your attorney, but in general judges tend to extremely favor the spouse who has no type of child pornography conviction.

Good luck.
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