Legal Question in Family Law in Maryland

I am a 17yr old about to graduate from high school in four months. I live with my dad in maryland and my mom lives in indiana. They got divorced in north carolina when i was 2 and the custody agreement was that my mom would have me during the summer and every other christmass, and my dad would have me the rest of the time. I plan on moving in with my mom after high school and i have a job waiting for me there and plans of going to school there. My step mom said that i couldn't move in with my mother till i was 18 because my dad is still legally responsible for me. I turn 18 in october, so i would be at my mom's for a month and then at my dad's for three months till my birthday. to me that doesnt make much sense considering i'm done with school and i should be aloud to make the choice of who i should live with. So my question is, after i graduate even though i still have a few months till i'm 18 can i legally move in with my mom and make that choice or do i really have to wait till i'm 18? Do the two states have different opinions on this and if so which would i go by, Indiana or Maryland? Or because the custody battle was in north carolina, do i listen to its laws?


Asked on 3/01/10, 11:26 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

At your age a MD court would allow you to start living with your mom after you graduate but unless your father relents your mom would have to come to MD and file a petition to modify custody for the few months remaining until you legally become an adult at 18. This would be a waste of money and court time for both parents. Your mother could agree to accept "legal responsibility" if that would assuage your father and stepmother's concern, assuming that is what is causing their unwillingness to allow you to go.

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Answered on 3/08/10, 6:45 am


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