Legal Question in Family Law in Maryland
Which parent can declair custody of a child if they are not married. And can one parent leave the existing state we are residing in at this time? if you have custody of the child.
Asked on 10/26/09, 1:28 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Either parent can seek custody by filing a court petition. If there is no court order in place, either parent could move elsewhere with the child, but it would take 6 months of residency in the new state before that state would have jurisdiction to hear a custody case. In the meantime the "abandoned" parent could file in MD (if that is where the child lives now) for custody.
Answered on 11/02/09, 9:43 am
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