Legal Question in Family Law in Maryland

Re: Joint custody visitation changes

If an order of custody or visitation was entered as part of your divorce, then this order appears to require modification. The distance factor is a material change in circumstance, however your spouse is admitted as the "primary guardian". Arrangments made outside of court can be a basis to support a petition for modifying visitation. Consult an attorney.

Re: Joint custody visitation changes

Assuming you have already obtained your divorce from your ex-wife and a court has either ordered the visitation schedule you are using and/or has signed off on the schedule you all proposed to it, you can change the visitation schedule by filing a petition for change of visitation with your local circuit court. To obtain the change, you will have to prove to the court that there is a change in circumstances warranting the visitation change, and that the change is in the best interest of your child.

As far as whether you can/should leave the state with your child this Christmas, I would say that it depends on whether the Christmas holiday schedule is clear in your court order regarding the holidays. If it says that your ex has the child on Christmas Eve, I would not leave with the child as you do not want to violate a court order. If, on the other hand, the court gave you the child for the entire holiday period and it has just become customary for the child to spend Christmas Eve with your ex due to an arrangement set up between you and her, that may be a different situation. I would consult with an attorney before leaving state with the child, though.

I hope this helps.

Ranji Garrett

301-296-4474

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.