Legal Question in Family Law in Maryland
I've been living with my boyfriend for almost two years now and we had a baby who just turned one. We currently live in Maryland but I do not have any family or friends here. It seems our relationship is taking a turn for the worse and he is threatening me to take me to court to keep me in the area instead of being able to go home to california. Is that possible? Can a judge make me stay here in an area where I have no family or friends and I do not have a job that can support paying for rent a car and my kids. I have a child from a previous marriage who is living with us as well. He says that even if I get to go home that I would have to pay for the baby to come visit him which includes plane tickets, hotel, etc. and that he will be granted 50/50 custody which includes seeing her every summer and every other holiday. Is this all true... I really need some advice... I'm worried how this is all going to affect me.
1 Answer from Attorneys
It is possible that in a custody case, a court requires that the parents live close enough to allow each parent to maintain a relationship with the child. Neither parent has priority over the other when it comes to custody, although in the case of a child in its infancy, most of the time the mother is granted primary custody as long as she is a fit parent. Your boyfriend would probably be granted joint legal custody, which is not the same as physical custody, but does give him an active role in the child's life. Right now there is nothing preventing you from leaving, but if he files court papers there may be then. If a judge thinks that it's in the child's best interest that you maintain custody and be allowed to return to your home state for family and financial reasons, you would have to make arrangements for the father to have visitation, and unless there is a great disparity in your incomes, you might be required to bring the child here at least until he or she is old enough to travel alone.