What To Do If You’re Denied Custody Or Visitation In Maryland

As a Maryland child custody attorney, I know that being denied custody or visitation is one of the most painful experiences a parent can face. Whether the court has ruled against you or the other parent is refusing to comply with an existing order, you have legal options to fight for your rights and ensure you maintain a meaningful relationship with your child. Maryland family law prioritizes the best interests of the child, but that does not mean the system is always fair or that your case is over.

If you have been denied custody or visitation, it is important to understand your rights, legal options, and next steps. Many parents assume they have no recourse, but Maryland law provides legal avenues to request modifications, enforce orders, and challenge unfair custody decisions.

Understanding Why Custody Or Visitation May Be Denied

Maryland courts make custody and visitation decisions based on the best interests of the child under Maryland Code, Family Law § 9-101. If a court has denied custody or visitation, it may be for one of the following reasons:

• Concerns about abuse or neglect – If there are allegations of abuse, neglect, or domestic violence, the court may limit or deny access.
• Substance abuse or criminal history – A parent with a history of drug or alcohol abuse or criminal activity may face restrictions on custody or visitation.
• Parental conflict or interference – If a parent is accused of interfering with the other parent’s relationship with the child, the court may modify custody.
• Failure to follow court orders – If a parent has violated an existing custody or visitation agreement, the court may limit their access.

Even if these issues have been raised in your case, there are legal strategies to address and overcome them.

Steps To Take If You Are Denied Custody Or Visitation

Request A Custody Or Visitation Modification

If you believe the court made the wrong decision, you can request a modification of the custody order under Maryland Code, Family Law § 9-105. To succeed, you must prove that:

• There has been a material change in circumstances since the last custody ruling.
• The requested modification is in the best interests of the child.

Changes that may justify a modification include:

• Improved parental stability, such as completing a rehabilitation program.
• Changes in the child’s needs, such as educational or medical concerns.
• Evidence that the custodial parent is not acting in the child’s best interests.

Enforce Your Visitation Rights

If you have a court-ordered visitation schedule, but the other parent is refusing to comply, you can file a Petition for Contempt under Maryland Code, Family Law § 9-105. The court can:

• Order make-up visitation for the missed time.
• Impose fines or penalties on the violating parent.
• Modify custody arrangements to ensure compliance.

Prove The Other Parent Is Interfering

If the other parent is actively preventing visitation, you may have a case for parental interference under Maryland Code, Family Law § 9-105.1. The court considers parental alienation a serious matter and may:

• Adjust custody to reduce the interfering parent’s control.
• Order supervised exchanges to ensure compliance.
• Require family counseling to repair the parent-child relationship.

Address Allegations Of Abuse Or Neglect

If custody was denied due to allegations of abuse, it is critical to dispute false claims and present evidence in your favor. The court may require evaluations, supervised visits, or parenting classes before considering a custody modification. If you believe the allegations were made in bad faith, you can request a court review of the evidence.

Maryland Visitation Frequently Asked Questions

Can I Get Custody Back If I Was Denied Custody In The Past?

Yes. Custody orders are not permanent, and the court allows modifications if there is a material change in circumstances. If you have addressed the concerns that led to the denial—such as completing a substance abuse program, improving financial stability, or demonstrating responsible parenting—you can petition for a custody modification.

What Can I Do If The Other Parent Is Keeping My Child From Me?

If the other parent is denying court-ordered visitation, you can file a Petition for Contempt. The court may enforce the order, require make-up parenting time, and even adjust custody arrangements if the other parent is consistently violating the agreement. Keeping a record of missed visits, messages, and attempts to see your child can strengthen your case.

What Happens If My Child Refuses To See Me During Visitation?

If your child is resisting visitation, it is important to determine whether this is due to external influence or genuine personal feelings. In cases where the other parent is discouraging visitation, the court may intervene by ordering counseling, supervised visits, or adjustments to the custody order. If the child has a legitimate reason for refusing visits, the court may consider their wishes depending on their age and maturity.

Can A Parent Relocate With A Child Without My Permission?

No. Under Maryland Code, Family Law § 9-106, a parent cannot relocate with a child if it interferes with an existing custody order unless the court grants permission. If the other parent moves without consent, you may request a court hearing to stop the relocation and adjust custody accordingly.

How Can I Strengthen My Case For Custody Or Visitation?

To build a strong case, consider the following:

• Maintain consistent communication with your child.
• Follow all court orders and demonstrate responsibility.
• Document any violations or interference by the other parent.
• Seek legal representation to present your case effectively.

Providing evidence that you are a loving, stable, and responsible parent is key to securing custody or visitation rights.

Can The Court Order Supervised Visitation?

Yes. If the court has concerns about a parent’s ability to provide a safe environment, it may order supervised visitation through a court-approved program. This is typically temporary, and the court will review the situation periodically to determine if standard visitation should be reinstated.

What Should I Do If I Suspect My Child Is Being Harmed In The Other Parent’s Care?

If you have concerns about abuse, neglect, or an unsafe environment, you must act quickly. Document your concerns, report them to the appropriate authorities, and file for an emergency custody modification if needed. The court takes child safety seriously and will investigate any credible concerns.

Call The Law Offices Of Sandra Guzman For Custody And Visitation Assistance

Losing custody or visitation does not mean your relationship with your child is over. At The Law Offices of Sandra Guzman, I help parents fight for their rights, enforce court orders, and modify custody agreements when necessary. If you are facing custody challenges, you do not have to handle it alone.

To schedule a consultation, contact our Maryland child custody lawyer at The Law Office of Sandra Guzman-Salvado by calling (301) 340-1911. I have offices in Rockville, Greenbelt, Bethesda, and Frederick, Maryland, and I represent parents throughout the state.