Legal Question in Family Law in Maryland

Re: Illegal move

She can legally take the child anywhere unless you take action to stop her from doing so. Your choices are to file for custody in Maryland or follow her to California and file for custody there. Be well advised that she may seek to evade you anywhere she may go.

You can also file for visitation and this will likely result in child support being awarded to her since you will not be seeking custody. Again, she may seek to evade you.

If it is your intention to stay in Maryland and she is seeking to move to California then you need to take prompt action to acquire jurisdiction in Maryland.

Contact an attorney for immediate assistance if you plan to stay in Maryland and are not willing to travel back and forth to California for purposes of visitation.

Re: Illegal move

Since there is no court order regarding custody, she can take the child to California. However, since Maryland is the child's home state, you can file for custody here in Maryland.

Re: Illegal move

Until a court order is in place restricting where the child can live, either parent is free to take the child to another location. If you want to prevent this, you will have to file a petition establishing yourself as the father (a paternity action) and asking the court to award you either joint custody or visitation. You would ask that if she is granted physical custody, that she be required to live in this area so you can have effective visitation. Of course, the flip side of this is that if she is awarded custody, you will be ordered to pay monthly child support, assuming you are earning or capable of earning income.