Legal Question in Family Law in Maryland
What kind of trouble am I in. I relocated from maryland to california without the father or courts consent. We have joint legal custody of our four children and I have primary physical custody. It was not in our agreement that I need to give a 90 day notice to either him or the court. Now I have been summoned to court. The father is asking I be in contempt and wants sole custody of our children
2 Answers from Attorneys
While it would have been better for you to notify the father before hand and try and work out any issues, such as the effect on his visitation rights, the statute makes this illegal only if your purpose in relocating was to deprive him of his custodial rights. Nonetheless, you have presumably made it much more difficult for him to have an ongoing relationship with the children, and the court may at a minimum order you to pay the costs of visitation travel. The court won't change custody unless it believes doing so would be in the best interests of the children. This applies to children under 16.
You are not in any trouble. Unless your Divorce or Custody Order says otherwise, you can move anywhere you want. However, you need to talk to a family law lawyer, like myself, to handle your summons to Court. You should give this matter your immediate attention.