Legal Question in Family Law in Maryland

can i move out of state?

my exhusband lived 5 min away from myself and the children then moved an hr away to be with his girlfriend, inorder for me to further my education i need the support of my family wich lives in p.a an hr and 45 min away from where i am now the ? is can i move to p.a with out his ok?


Asked on 3/11/03, 7:49 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: can i move out of state?

There is nothing in any law which can prohibit your move out of the state with the children in your custody. A move out of the state can open the door for the other parent to file a court action for a change of custody, but that does not mean that a change of custody will actually be ordered. The court would have to have a hearing at which your ex-husband could offer whatever evidence he had that a change of custody would be in the best interest of the children. Unfortunately for him, the fact that he has himself already moved a significant distance from the area in which you have been living would take the legs out from under his claim. You don't saywhat kind of visitation schedule you now have, but the odds are that the court would order some changes in the visitation to provide for fewer, but longer, visits because of the distance. If you are proposing a move in the opposite direction from his move, the travel time, each way, for visitation would now be 2:45 hours. That comes to a total travel time, with two round-trips, of almost ten and a half hours, That's a lot of travel time for a two day weekend visit, and I would hope that all parties would agree that some adjustment in the schedule was reasonable.

Read more
Answered on 3/12/03, 10:54 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland