Legal Question in Family Law in Maryland
Moving to another state
I am divorced with three great children, ages 11,8,3. I have been living in MD for 2.5 years after living abroad for many years. I have met a wonderful man who lives in NJ, also divorced, with two fantastic girls. He has a house and a good job. I am a social worker, work FT, stable, ect. My ex husband, who also relocated to MD 2.5 years ago, has held atleast 4 jobs over the past 6 months, has an anger/rage problem, among other mental health issues, and only has court ordered visitation for Tues. 3 hrs, Sun, 8 hrs., no overnights, holidays, or weekends. He is not stable. He is not involved with the childrens' schools, ect. Under what conditions would I be able to relocate and what are the chances of not being able to relocate to NJ.?
2 Answers from Attorneys
Re: Moving to another state
The Court would have to find that it is in the best interests of the children to relocate. Depending on the County, each Court has their own beliefs as to what is best.
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Re: Moving to another state
You do not identify the state or country in which you were divorced, but I assume it was not Maryland. THe state in which custody and visitation were granted still retains jurisdiction over custody and visitation, so any challenge to a move would have to be made in the court with jurisdiction. There is no law preventing you from moving to New Jersey, or anywhere else. If the children's father wants to he can file an action to change custody or visitation because of your move. He would have to file in the court where the divorce was granted, and then might have the matter moved to Maryland since that is where both of you have been living. He would have to make a convincing case that it is in the best interest of the children to be with him in Maryland rather than with you in New Jersey, and from what you say he would lose. He might, however, be able to get a new visitation schedule based on the distance between your new home and his residence in Maryland, perhaps with fewer but longer (not overnight) visits. Depending on where in Maryland he lives and where, in New Jersey, you are living, the travel for visits may not be very far, certainly not much farther than one end of Maryland to the other. I would suggest that you notify the father of your intention to move and try to discuss with him some possible arrangements for visitation on terms acceptable to you.