Legal Question in Family Law in Maryland

Ex Moving with child

If both parties share Legal and Physical custody of the child and

one parent calls saying they are moving 500 miles away and have

everything setup to move, what rights do we have?


Asked on 10/17/03, 1:57 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Ex Moving with child

Where your order is in Maryland you have an option of bringing a suit for full custody. The parent who has moved has made a material change of circumstance. You should consider consulting a child custody attorney. (410) 799-9002

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Answered on 10/20/03, 10:03 pm
Robert Sher Wagshal and Sher

Re: Ex Moving with child

Your question omits facts that would have been helpful in answering it. Is the custody status you share with the other parent under an agreement or court order? If so, his/her move may be in violation of either the agreement or the court order. I assume that he/she plans to move with the child, although you didn't specify. If you have shared physical custody, I think you should seek a court order preventing the child's move, since as a practical matter that will deprive you of shared custody. You didn't indicate the terms of the custody arrangement--i.e., how the custody is divided. If the child goes back and forth on a regular basis, his/her move would obviously make that impossible. You could suggest to the other parent that you will assume full physical custody (shared legal to continue) and arrange for lengthy summer visitation with them when the child is not in school, as well as periodically throughout the rest of the year. If that doesn't work, go to court.

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Answered on 10/17/03, 2:28 pm


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