Legal Question in Family Law in Maryland
Relocation to another state.
My exhusband lives in TN and my daughter and I in MD and I have sole custody. He has not followed the visitation stipulated by the court because he says it would cost him too much. I am considering moving to Florida in August. My question is what do I have to do, conserning him. Do have to notify him, even though we dont even live in the same state anyway? And I am the one with sole custody. It wont cost him anymore in flights to fly her from Florida than from Baltimore. I really need to know what I can do and what I cant according to the law. This was all decided in Maryland courts not in TN.
2 Answers from Attorneys
Re: Relocation to another state.
If you and your husband made a separation agreement, there is probably a provision that obligates you to notify your ex of any change of residence of your daughter. You should do this in any event, so that he has the opportunity to exercise his visitation rights if he chooses to. The fact that he isn't presently using his visitation does not mean he forfeits his right to do so in the future. After you've established residency in FL, you can use FL courts to enforce the MD court order if you need to--if, for example, he is delinquent in child support payments or you believe circumstances justify an increase in the amount the present order requires him to pay.
Re: Relocation to another state.
You should contact an attorney in Maryland to work with an attorney in Florida to have custody jurisdiction transferred. Your decision should be considered with the assistance of an attorney. Should you desire legal advice I am available. Please understand that no obligation exists for my performance without a fee agreement.