Legal Question in Family Law in Maryland

Re: child custody and/or modification

Without a Court order to to contrary, the answer to your question is yes. Therefore, you must IMMEDIATELY file a petition in Court to insure that you will have visitation. It is easier to do it now, while your husband is still in this State.

Re: child custody and/or modification

Until there is a court order regarding custody, or a written agreement, you and your husband have equal legal rights to custody. Even if there is a written agreement, it is not enforceable by the court without an order granting custody to your husband. Your husband could take the children out of state. If you file for custody or visitation rights before he has established a residence in another state, a Maryland judge will make the decisions about custody and visitation and your right to communicate with the children, wherever they end up living. If you wait until he has made the move, it will be harder for you to be represented in a court in another state, so I would advise you to act quickly. The court can't stop your husband from moving with the children, but it can guarantee that you have reasonable visitation. The Maryland courts presume that it is in the best interest of your children to have a close relationship with both of their parents.