Legal Question in Family Law in Maryland

My daughters father and I divorced in NC back in 2006 and the divorce was uncontested. My daughter has lived with me this whole time. I have recently moved to MD for employment reasons and my ex is threatening to take my daughter simply because I have moved for job reasons. He lives in a with a woman he has only been with for about 5 months and he has been unemployed since 2006. Can he do this? What are my rights?


Asked on 3/02/10, 8:53 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

He can threaten all he wants, but in reality it's extremely unlikely that a court would grant him custody, assuming you are doing a good job raising your daughter and she is well cared for. No court is going to upset the child's stability. Of course, if he has been exercising regular visitation in NC you will have to make arrangements to allow him to continue to have those visits and may have to contribute to the expense of travel between NC and MD. It sound like he doesn't contribute much if anything for child support given his lack of employment. I assume you were granted custody at the time of your divorce, but if that issue wasn't resolved then you should file a petition for custody here in MD after you have lived here 6 months.

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Answered on 3/08/10, 6:49 am


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