Legal Question in Family Law in Maryland
divorse and children
my girlfriend moved from Arizona to Maryland with her children. The father signed a notorized letter affirming the move. He now states at any time he can come get the children, which is just one part of the intimidation he lays on her. He pays no support although there is a signed and notorized agreement. Can he just take the children?? Where would she file for support? Can support be removed from his pay check? Is she entitled to back support?? If he wants to fight it, what is her best legal direction? She wants to protect herself and the children before he does something. Would she file in Arizona or Maryland? Thanks
1 Answer from Attorneys
Re: divorse and children
In the absence of a custody order, both parents have equal access rights to the children. If the children have been in Maryland for 6 months or more, she can file for custody and child support in Maryland. If child support is awarded, wage garnishment can be ordered by the court. Regarding back support, Maryland can only establish child support as of the date of filing of the complaint for child support, so the sooner she files, the better.