Legal Question in Family Law in Maryland

I live in Maryland. My son is 17 and lives with his father during the school year and with me during the summer (joint legal custody). Our court approved parenting plan (occurred in WV) states that we have alternating years as his legal custodian (guardian). This year states that I am his legal custodian. He is 17 and has decided he wants to live with me full time. As his legal custodian this year can I go ahead and move him in with me before filing the necessary paperwork with the courts? He will be 18 in April of 2013 (4.5 months). I asked a question similar to this a couple of weeks ago but the situation has escalated and he now wants to live with me full time.

As more information to this situation, my son wants to move in with me asap because his father has shown in the past (1x) that he can get "violent" with his son when things get heated. (a friendly wrestling match turned in his father punching him in the face when he was 15 - we all witnessed but the cops were not called and I took my son home for the weekend). My son is fearful that this will happen again as things are getting out of hand in his father's house. How can I expedite getting my son out of the house? His father may just agree and let him go but it is my belief that his step-mother will push the father to not agree just out of spite of the situation.

Thank you


Asked on 12/11/12, 6:05 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Your son soon emancipates and this is his choice. He will make this choice based upon several levels. Interstate custody orders can be disturbed and I would need to know more about your situation to assist you further.

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Answered on 12/11/12, 7:06 pm


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