Legal Question in Family Law in Maryland
leave state with child
My husband is an alcoholic and has been physically abusive to me in front of my 9 yr old son in the past. He remains verbally abusive and one incident few months ago went after my son while he was drunk. I never ever leave my son alone with him. I work,but live in a very expensive county and can't afford rents here. My husband's older sons (my stepsons) live in South
Carolina and are very aware of thier fathers behavior. They are afraid he may kill me due to his unstable personality. They are begging me to move my son and I to SC. It is way more affordable and I do believe I can make a life for my son and I. I would like to leave after school ends. If I let my husband know where we are going (address,etc) will I get in trouble with the law? Can I start seperation and child custody proceedings in SC if we go there? I live in Howard County Maryland currently.
1 Answer from Attorneys
Re: leave state with child
If there is neither a separation agreement nor a court order controlling your custody of your son, you are legally able to move anywhere you want. Your husband does have visitation rights, and he could seek those through a court proceeding, as you could do the same for child support. If you establish residency in SC after 6 months, you could file there for custody and support.
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