Mother charged with trespassing to pick up child from father

[BGregg]

What is the name of your state (only U.S. law)?
Maryland
My daughter went to pick up her 11 year old son at his father's home at the end of his scheduled weekend custody visit. She had her 3 year old with her.
She parked across the street and walked to the front door and knocked.
The "father" opened the door and began to shout , "Can't you read!!??. There is a no trespassing sign right there!! I'm calling the police!!"
She got her son back and went home .
Now , she has received a summons to appear in court for trespassing and 4th degree burglary (what ever that is) .
This "father' has been in child support arrears for years and in court many times.
He has been found in contempt and just pays enough to stay out of jail.
This is obviously a situation that was stirred up because the "father" wants to get back at her for his failure to pay child support .
She cannot afford an attorney .
what can she do ?What is the name of your state (only U.S. law)?

 

[TinkerBelleLuvr]

Does her court order state that she is responsible for pickup at the end of dad's visitation period?

 

[BGregg]

no....that is not stated in the court papers. Just the frequency, holidays , etc

 

[Antigone*]

no....that is not stated in the court papers. Just the frequency, holidays , etc

Then what was she doing at dad's home? How was the child supposed to get home.?

 

[BGregg]

She has typically picked up her son as the father's location reliability has been , at best, sketchy and unpredictable.

 

[TinkerBelleLuvr]

Because she had LEGITIMATE reason to be there (aka pickup the child at the END of a visitation period), I suggest bringing in the court papers and witness to what is typically done when she goes to court.

I take it that dad wasn't bringing the child back, right??

 

[BGregg]

No...he typically causes as much confusion as he can ... says he "forgot" , car broke down ..any lame excuse he can come up with. So, she picks up and drops off .
My concern is the impact on the child ---his mom in court because his dad says she is trespassing????!! She does not want to have to stand in the street and hope someone sees or hears her calling for her son. Plus, that's not safe if she has her other child with her.
Is there any thing such as a malicious claim in trespassing ?

 

[TinkerBelleLuvr]

Generally, it person picking up the child is responsible for transportation. So, dad would pick up at the start of his period and mom picks up at the end. Was the police called when mom was there?

 

[BGregg]

yes---however, she just told him that he was acting "stupid" , got her son back and walked back to her car.
I assume the police arrive later and father had his live in girl friend as a witness to the "trespass"

 

[TinkerBelleLuvr]

I'm sure the police officer was not informed as to WHY mom was there and that no mention of a pickup of a child took place. Therefore, mom needs to go to court WITH the court papers and any other witness that is available to state that mom does the pickups.

 

[TinkerBelleLuvr]

Will there be any more exchanges of the child before a court date?

 

[BGregg]

yes ---probably 3 or 4

 

[TinkerBelleLuvr]

Then mom needs to have the police come with her if he decides that mom is to pickup. THAT may cool his heals. Has mom gone to the department that issued the ticket and explained the situation and what they would recommend?

 

[BGregg]

Not that I am aware of ---she does not have much of an assertive attitude .
I will suggest that and see if something can be done.
thanks for your help ---must get back to work now