Legal Question in Family Law in Maryland

Removing a child from the country?

My bestfriend has been seperated from his wife for almost a year. The wife has their child primarily and is ''allowing'' my friend to see their son on weekends when it suits her. They are currently waiting for their court date to legally establish child support and custody. She is requesting sole legal and physical custody and lied on the documents about my friend's character and made statements indicating that he is unfit although she has no proof of any of her accusations. My friend is requesting joint custody. The wife is from the country Columbia and wants to take their son, but my friend is afraid that she won't bring their son back...so when mentioned taking him my friend told her no. Is she legally able to take their son out of the country even though the child's father doesn't want it to happen?


Asked on 3/12/08, 12:06 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Removing a child from the country?

Until a custody order is in place, there is nothing legally preventing the mother from taking the child to her home country. Your friend needs to try and get this matter before a judge as soon as possible and seek an interim court order which prevents the mother from removing the child from the area. He should seek assistance from an experienced family attorney to help him accomplish his objectives.

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Answered on 3/12/08, 12:13 pm


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