Legal Question in Family Law in Maryland

Unwed mother wants to relocate

I'm an unwed mother of an 11yr old girl wanting to relocate to another state.Father pays cs & has visitation weekends & holidays and any other time he chooses.No courts were involved all verbal. I've been trying to find employment in my field of expertise for over 1 yr & haven't had any luck.

My former manager has recently moved to another state and is in the process of starting her own business.She has offered me a position and a place to reside until I get on my feet. I have given my daughter the opportunity to decide where she wants to live.She has chosen to stay with me.I am more than willing to give her father 1 1/2 months in the summer & everyother Christmas & Springbreak. Can her father prevent me from relocating to Florida?


Asked on 4/01/04, 2:36 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Unwed mother wants to relocate

Since you've never been to court before, at this point he's never legally been determined to be the father. A paternity action would be required for this. To prevent you from moving to FL, he could file a petition for adjudication of paternity and for either custody or an order granting you custody but requiring you to live in this area. However, upon your demonstration to the court that you've made a good faith effort to find work here and that you have this good opportunity in FL, the court would probably not prevent you from leaving. Visitation could be established that would enable him to still see your daughter on a regular basis, as you've already proposed.

If you haven't already, I suggest you talk to him and explain the situation and offer him generous visitation as you've indicated. He may react by cutting off the support, but if so you can always initiate a child support proceeding. In fact, if you're at all concerned that after you leave, he might get her up here and then refuse to return her, you ought to try and get a written custody and support agreement, or failing that, file a court action for paternity and support. In the final analysis, if this goes to court, the court will do what is in the best interest of your daughter.

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Answered on 4/01/04, 3:05 pm


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