Legal Question in Family Law in Maryland

I am divorced and was awarded full physical custody of my three children but have joint legal custody with my ex-husband, I currently reside in the same state as he does but am contemplating moving to another state, do i have to have his consent in order to move my children with me, considering that I have full physical custody, and they have always resided with me ever since my ex-husband and I separated in 2005, my children ages are 12, 14, and 16, and yes they want to move with me.


Asked on 1/14/16, 9:02 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

The MD law dealing with removal of a child from the state is premised on doing so with the intent of depriving the lawful custodian of custody, and only applies to children under 16, which I assume doesn't apply to you. However, depending upon how distant your destination is, your move will likely have the effect of depriving or at least reducing your ex's visitation rights. It would therefore be best to first try and work out an agreement with him (e.g., offering to change the schedule to give him more time during summers, school vacations, etc) first. Failing that, you might want to file a court petition seeking approval of the move and modification of the visitation schedule that reflects that. This all assumes there is nothing in either a marital separation agreement of the judgment of divorce, or any separate custody/visitation order, that already deals with this eventuality. If you just move (while keeping him fully informed of your whereabouts), and he goes to court, you'd have to come back to contest that, and you risk getting a court order that complicates your move after the fact.

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Answered on 1/14/16, 11:16 am


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