Legal Question in Family Law in Maryland
Share custodial custody mother moving wants full
The children have lived in the fathers home since birth with the mother. Upon separation both parents lived close and shared custodial custody alternating every 7 days.
What case law allows a mother to have full custody just to facilitate moving over 100 miles into with fiancee�s home?
How is destabilizing the children away from their father, home, school and friends to facilitate this event in the child's best interest?
Details: couple of 15 years unmarried and living together, litigated 2 yrs. A
judgement was signed 9 months ago giving the parents shared custodial (50/50 7 day alternation) custody and the mother legal custody of my sons 8 and 10. She now filed for modification stating she is now engaged and it is in the childrens best int for her to move over 100 miles to live with her fiance.
2 Answers from Attorneys
Re: Share custodial custody mother moving wants full
Moving more than 100 miles may be material and the judgment may be modified, you should defend against the complaint. I would need to know more about your case. Kindly call me to discuss.
Re: Share custodial custody mother moving wants full
You will not be able to prevent her from moving under the circumstances, unless there is unfitness present with mother or her future husband. To defend against this is a waste of your money. The approach is to mitigate - not litigate - and gain as much visitation as possible and have her ordered to do most of the traveling. Call should you require assistance.
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