Legal Question in Family Law in Maryland

Re: cant take the child out of state

When two parents are contesting custody, the court decides the issue based on what is in the best interests of the child. The court will in all likelihood order a social services study of each household. Friends and acquaintences of the parents will be interviewed, along with you and your husband. Depending on your child's age, his/her wishes will be considered, though not binding.

It appears that there are significant negative factors in your husband getting custody. On the other hand, again depending on your child's age and ties to the local community, the court may be reluctant to move him/her to an unfamiliar environment out of state.

If you are concerned enough about your child's welfare to seek custody, you should immediately hire an experienced family law attorney who knows how to present the proper evidence necessary to convince a court to award custody to you.

Robert Sher

301 986-4555

Re: cant take the child out of state

Your husband's behavior places him in a sensitive position when it comes to the welfare of the child. The court will consider this where presented through competent evidence.

The applicable standard, as you likely are aware, is the best interest of the child. This is often a difficult standard to apply. Your case should be properly developed and presented for the optimal outcome.

Contact me should you desire to proceed further.