Legal Question in Family Law in Maryland
leaving the state with my child
i have custody of my 4 yr old daughter, her dad has visitation, we currently live in maryland but i will like to relocate to arizona, is there any law preventing me to do this? is there a special process i have to go through? and if i do move he will probabily try to spite me and not pay child support how do i enforce it from another state?
2 Answers from Attorneys
Re: leaving the state with my child
If you have sole custody, you can relocate with the child. However, your custody order may require you to provide the father notice of your intention to move out of state. In addition, an out of state move may trigger the father to file for a modification of custody, as such a move would amount to a material change in circumstances. Regarding enforcement, that can still occur in Maryland or you can enroll the order in Arizona.
Re: leaving the state with my child
If you have full legal custody,unless there is some geographical restrictions in the custody order or in any agreement you have with your ex, you have the right to relocate. However, if the move would curtail his visitation rights, he could file a motion trying to restrict you from doing this. As for child support, he can't legally stop paying if you move, but if he does, you'd have to ask for a contempt citation (I am assuming you have court-ordered child support and custody.) If he gets a regular paycheck, you should try and get an earnings withholding order put in place, so that the employer would have to deduct child support from his paycheck and send it directly to you.
Once you establish residency in AZ for 6 months, you could utilize the courts there to try and enforce the MD court order.