Legal Question in Family Law in Maryland

If I have joint custody with minor's dad, can I legally take them from MD to AR and file for full custody there without breaking a law?


Asked on 10/21/14, 2:33 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

Check your custody order. It may include a requirement of advanced written notice of any intent to relocate to the other parent and the court. If you don't provide this notice, you may be held in contempt. More importantly, you may lose custody of your child.

Even without a notice requirement in the order, it may be in your best interest to provide the notice and file a petition for change in custody before you leave because Maryland retains jurisdiction of the matter at least six months after you leave the state. The father can demand return of the child after you leave, accuse you of violating the custody/visitation order and interfering with his relationship with the child, and file for a change of custody.

The safest thing to do is to schedule an appointment with an experienced family law attorney in your county to discuss your plans and a course of action that is best for you and your child,

ALSO LICENSED IN MARYLAND

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Answered on 10/22/14, 3:59 am


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