Legal Question in Family Law in Maryland
No custody established - can i move out of state
My daughters father is court ordered to pay child support but we never established custody through the courts. He has not made a child support payment in over 7 months and is in contempt of court for that. She has lived with me her whole life (4 years) My question is....am i well within my rights to move her out of state or does custody need to be established first. what are the ramifications?
1 Answer from Attorneys
Re: No custody established - can i move out of state
In order for you to have a court order for child support, there must have been an order granting you sole physical/residential custody, or it must have been established pursuant to an agreement between you and the father. In any event, absent a prohibition to the contrary, you can move out of state. But if the father has visitation rights, you may become responsible for providing transportation for your daughter in order for him to exercise those rights.