After a separation or divorce, you may worry about who your ex introduces to your children. Maryland courts generally respect each parent’s parenting time, but they may restrict contact with another person when the evidence shows that the contact could harm the child.
Can a Maryland court limit who your ex brings around your children?
In Boswell v. Boswell, 352 Md. 204 (1998), Maryland’s highest court addressed restrictions on visitation involving a parent’s unmarried partner. The decision ties such restrictions to the child’s best interests and evidence of actual or potential harm connected to the partner’s presence. A parent’s personal disapproval of a new relationship alone is not enough.
A court may consider restrictions when someone’s conduct raises a credible concern about the child’s safety or emotional well-being. For example, a relevant history of violence, substance abuse or other dangerous behavior may matter if it creates a risk to the child. These circumstances do not automatically justify restrictions; the court considers the evidence and the child’s best interests.
Can you modify a custody order to limit contact with your ex’s new partner?
If you already have a custody order, you generally cannot change its terms on your own. Under Maryland Family Law § 9-202, a court may modify an order when circumstances have materially changed in a way that affects the child’s situation or a parent’s ability to provide appropriate care, and the proposed change serves the child’s best interests.
Your concerns should focus on specific conduct and its effect on your child, rather than disagreements with your ex’s personal choices. The court evaluates the circumstances of each case; a new partner’s presence does not automatically justify a custody change.
How can you document your concerns?
If you believe someone poses a risk to your child, keep a factual record of relevant incidents. Useful information may include:
- Dates and descriptions of specific incidents
- Text messages or other written communications
- Observable effects on your child’s behavior or well-being
Focus on information you can verify rather than rumors or assumptions about another person’s background. Evidence is most useful when it relates directly to your child’s safety or welfare.
If you are concerned about a person’s contact with your child, a family law attorney can help assess the circumstances and explain whether seeking a custody restriction or modification may be appropriate.
