Legal Question in Family Law in Maryland

Re: Can he file for full custody if I move?

The court will be reluctant to change the custody arrangement unless it feels that there is a compelling reason to do so and that it is in the best interest of your child. I don't think the court will be particularly concerned by the additional 15 mile distance beyond the limit you agreed to in your separation agreement. Since you're already providing the transportation for your child's visits with your ex, he really isn't being disadvantaged by the extra distance.

Re: Can he file for full custody if I move?

Because of your agreement not to move more than 25 miles from the home of your child's father, a move to 40 miles from him does give the father a foot in the door to petition the court for a change of custody giving him full custody. That does not mean that he will win. When he files for full custody the court will have to weigh a lot of factors to decide what is in the best interest of the child, and it will be considerably harder for him to make his case than if you were proposing to move to Afghanistan. The court will listen to evidence about the advantages and disadvantages of the move to your child. Are you moving to a better location or a worse? Will a change of school seriously disrupt your child's life or improve it? Is the child involved in activities, important to her, which will be unavailable when you move? The fifteen miles over the agreed-on 25 is so little that, unless there are dramatic differences in the particular locations involved which will have a substantial impact on your child's welfare, or unless the father has some additional information indicating that the child is not thriving in the joint custody situation, I would predict that the court would deny his petition.