Legal Question in Family Law in Maryland

Moving out of state with a child while married.

I am married and have a child with my spouse. I would like to move to another state (CO) for economical reasons but my spouse does not agree. While we are not immediately considernig divorce, I wish to move with or without the husband. If I were to move and take our son with me, can husband file for child abduction even if I notify him of our whereabouts after the move? What are the custody limitations when married parents live separately?


Asked on 1/20/08, 5:07 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Moving out of state with a child while married.

At this juncture there is nothing preventing you from doing what you plan. However, either parent can file for custody following a separation, and you would have to do so in MD until you have resided for 6 months in the new state. So if you move and he files, you'd have to come back here to fight the petition, and the court might impose restrictions.

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Answered on 1/21/08, 9:23 am


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