Legal Question in Family Law in Maryland

if I have joint custody with physical custody and my husband is going to jail. He has visitation every other weekend. Can I leave the state to move back to my hometown where my family is.

Asked on 2/10/12, 6:26 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher
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Unless there is a specific restriction on your location in a court order, you can. But he still retains his visitation rights, and once he gets out he could take you to court to enforce them. For example, he could require you to be responsible for bringing/sending the children back for visits. Even while he's in jail, if he is entitled to weekend family visits, he could try to enforce his rights, especially if he will still be in this area. If you are on speaking terms, I suggest you have a discussion about this with him, especially if you have better work opportunities in your hometown.

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2/10/12, 7:18 am

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