Legal Question in Family Law in Maryland

Divorce and Custody

I was married in Maryland almost 6 years ago. I am looking to leave my husband and when I do I want to take my children with me when I move out of state until we go to court. Is there anything that would stop me from doing that?

Asked on 5/14/08, 11:12 am

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Divorce and Custody

Until there is a court order barring it, you can take the children out of the state. The father may obtain an order that the children not be removed from the state pending a hearing on the merits of the custody claim, but the court can't order you to stay in the state (just your children).

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Answered on 5/18/08, 5:34 pm

Robert Sher Wagshal and Sher

Re: Divorce and Custody

Unless there is a custody/visitation order which prohibits you from doing so, you are free to move the children to another state. If you move a significant distance from MD, such that your husband's ability to have visitation with the children would be impeded, he could seek an order requiring you to stay within a certain geographical area, or to pay the cost of his or their travel to allow visits.

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Answered on 5/14/08, 11:19 am

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