Legal Question in Family Law in Maryland

Re: child custody - unmarried parents

Until there is an order from the Circuit Court granting custody to one or both parents, there is no presumption about who should have custody. If either parent files a petition for custody, the court will then look at a variety of considerations in determining what is best for the child. If the parents can get along reasonably well with each other and reach agreements about matters related to the child and his care, the court may well order joint custody, usually with physical custody to one parent whom the judge believes can provide the best home environment for the child. (Joint custody actually means that both parents have a voice in important decisions concerning the child, not that the child actually lives in two homes.) Whether joint or sole custody is granted, the parent who does not live with the child will have court-ordered visitation which could be pertty close to half of the time, but is usually less.

The answer to your second question, whether the mother has the right to move out of the state with the child, is yes. Until there is court-ordered custody, either parent has a right to move out of state with the child, but if the other parent files for custody and files a motion to prevent the move until a custody decision has been reached, the court will probably grant the motion and base a custody decision in part on whether it is in the best interest of the child to move. Considerations would be the presence in the original location of extended family, grandparents, etc., the location of the intended move, the relative benefits of each location, and anything else the judge might think is relevant. Even after custody has been awarded, a move by the custodial parent out of the state can provide grounds for the other parent to file a petition for a change of custody.

Re: child custody - unmarried parents

There are no presumptions as to which parent is the proper custodian of this child. The court looks to what is in the best interest of the child and considers several factors to come to its conclusion: fitness of the parents; character and reputation of the parents; desires of the natural parents; potential for maintaining natural family relations; material opportunities affecting the future of the child; age, health and sex of child; residence of the parents; evidence of abuse; existence of prior voluntary abandonment.

What the father needs to do is file for custody in the Circuit Court in the county in which the child lives. If she objects to his acquiring custody it will eventually go to trial. He may also ask for what is known as pendente lite custody which means "pending the litigation" which is a temporary custody order which will be in force until the full and final trial (which could be some time from when he files for custody).

I hope this helps. If you need additional information please feel free to call my MD office at 301-652-0663. Good luck.