Legal Question in Family Law in Maryland
I have full custody of my 3 yr. old son. The father has scheduled visitation. I want to move to Utah to be near my two older children. My daughter is having severe emotional issues and needs me. How do I proceed?
2 Answers from Attorneys
You need to try and work out an arrangement with the father to do this. He will probably object to your moving if he exercises regular visitation with your son. At your son's age, it's probably not feasible to fly him back and forth on a periodic basis so the father can have him here, but this is one avenue that parents in your situation take. Unless there is a court order or a separation agreement that restricts where you can live, legally you could do this, but he would probably take you to court over it.
Unless the court order prevents you from moving or leaving without prior notification to the court and/or the father, you can move out of state. However, the father can object (before/after) to the move by petitioning the court for full custody. If he does, the court will determine what is in the best interest of the child. In this transient/mobile society, moving does not necessarily mean that the noncustodial parent will win if he petitions for custody.