My question involves a child custody case from the State of: Maryland
My ex wife has denied 21 days of visitation between my daughter and I since January 4th of this year. She has filed for modication of custody asking that my visitation be reduced to every Wednesday evening and every other weekend Friday at 6pm-Sunday at 7pm. She is also asking that I lose one visitation day per week during the summer. I currently see my daughter every other day during the week and every other weekend on the same schedule she is proposing. In the summer I have my daughter overnight on Sunday and one evening during the week. My ex wife is requesting this claiming that my wife is abusive to our daughter(mine and my ex wife's). THis is not true and being untrue, she has not one shred of evidence. She plans to put my daughter on the stand to testify that my wife is "emotionally abusive". My daughter has been seeing the same counselor for 3 years now and all of the "issues" that my ex wife sees with how my wife interacts with my daughter have not been sufficient for her counselor to take any action through child protective services. In fact, even my daughter's attorney has told my ex wife that the issues she is raising are out of her control. Basically, my ex wife does not want my wife having any part in our daughter's discipline, which typically consists of her sitting in the corner, doing a chore or losing out on a fun activity. My ex wife openly admits that she has never disciplined our daughter, that they spend every evening at her parent's house, she discusses the mediation process and court case with our daughter, and allows our daughter to 'decide' whether or not to visit me. She has also admitted that she has instructed her mother, who is our daycare provider to take my daughter and leave the house with her so I wasn't able to pick her up. She also openly admits to denying all the visits and thinks she is completely justified in her actions. We have gone through 4 mediation sessions to no avail. My daughter's attorney is suggesting a shared custody schedule where I have more time with my daughter overall, but fewer weekday visits. I would like an additional weekday visit to make it 50/50 in hopes that my ex will calm down and realize we are equal parents and need to work together. However, I am not completely sure that will happen, since she is very stubborn. My initial filing was for sole custody, but I really do want my daughter to have frequent time with her mom so she can have as "normal" a life as possible.
Since mediation didn't work, we are now left to have a judge decide for us. We have a hearing coming up where my ex wife will have to answer to the 21 counts of contempt against her, as well as having the judge hear the recommendations from my daughter's attorney for custody. Where do you think I stand in this? My attorney says I have a solid case, while my ex has none, but that it really depends on the judge, and they may very well just give her a slap on the wrist and leave the schedule as it is. Any words of experience?