Legal Question in Family Law in Maryland
Child custody
If my friend's daughter has been living with him for the past six months and she is enrolled in school does her mother have a right to come and immediately remove her from school. My friend lives in Maryland and his daughter's mother lives in VA. The daughter has indicated that she would like to live with her father until school ends and then return to live with her mother. The daughter lived with her mother prior to six months ago.
1 Answer from Attorneys
Re: Child custody
It depends on whether there is a custody Order. If Mom has custody, then she can enforce the Order. However, your friend could argue that the mother abandoned custody by allowing the child to live with Dad for 6 months.
If no Order exists, then no one has custody and the mother could come and get her. If the child has been in Maryland for at least 6 months, Dad can file for custody, claiming the Maryland is now the child's home state.
Regarding the daughter's wishes, her age is the controlling factor. If she is 16 or older, the court would be required to consider her wishes with respect to custody.
Ultimately, custody is determined on the best interest of the child. Without any additional factual background, taking her out of school mid-year would not seem to satisfy that standard
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