Legal Question in Family Law in Maryland

If they truly have joint legal custody, with neither parent having a "tie-breaker" vote, the mother has no right to relocate the children without the father's consent. As joint legal custodians, they must make all material decisions regarding the children jointly. What decision could be more material than the part of the country in which a child lives? If the mother does move without a court order or the father's consent, a contempt action would be appropriate, as might be the seeking of an injunction requiring the return of the child/ren to Maryland. Keep in mind that if the custody order was issued in Maryland and the children are currently in the state, Maryland has exclusive continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. One creative idea would be to register the custody order in South Carolina now, before the mother moves. (Registration requires 20 days notice to the other party.) That way, if the mother does violate the Maryland order and moves to South Carolina, and if the order has been registered there, the father can enlist the services of South Carolina law enforcement to retrieve the child/ren. These are complex issues, and your fiance should confer with a top notch family law attorney with expertise in UCCJEA and multi-jurisdictional custody disputes.