Legal Question in Family Law in Maryland

primary custody holder wants to move

I'm a single mom. I want to move to NC to take a better job which offers day one benefits. My child's father did not take a paternity test. He signed her birth cert but that hasn't been formally filed. I currently receive soc. serv. assist, who made me file for chld support. He's behind in payment. I have always taken care of her. There is no formal court order for visitation or custody. Contact btwn the child and father has been initiated and encouraged by me. Can I move to NC with my daughter? The father has been abusive to me througout my pregancy, post partum and even in front of our child and while I have held the child in my arms. He is in and out of jail, court, and does not keep steady work. I have always kept the child in contact with members of his family, and even with my move I will continue to do so, as is fair. He is too inconsitent in the child's life. Overall not there, and has said from day one that he doesn't want her. He does not call to ask how the child is doing even when he knows where we live. I feel that moving will provide my chld with a stable living environment. The father also has diagnosed mental conditions. As primary custody holder and because there is no formal paternity test, are we free to move?


Asked on 5/14/05, 3:24 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: primary custody holder wants to move

You have every right to move--there's no agreement or court order dictating otherwise. You should notify the social services people so that your file can be transferred to NC if appropriate. You should also continue to afford the father visitation opportunities.

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Answered on 5/16/05, 5:25 am


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