Legal Question in Family Law in Maryland
I am seeking legal advice in the matter of a custody case regarding my son.
I am planning to relocate to Georgia from Maryland with my son.
His father has court ordered visitation rights and is going to fight me on this. My fiance lives in Georgia, and we plan to be married in the next year. Maryland's cost of living is much higher than in Georgia, where I have a place to live and employment will not be as difficult to obtain. I have full physical custody of my son, and have raised him without his father until he was 7, in 2007. Any help would be greatly appreciated.
1 Answer from Attorneys
The father can file a motion to modify custody if he wishes to contest the move. An out-of-state move constitutes a material change in circumstances which is a requirement for the court to consider a modification.
The court would then consider what is in the child's best interest. If your son is doing well in your care and you currently have full custody, it is unlikely that the court would make a change to the custody provision. The father's visitation rights will likely change to reflect the distance; that may mean less frequent visitations of longer duration, such as a significant portion of the summer break from school, more time during the holidays, spring break, etc. The court may also add provisions to address the increase in cost of transporting the child to facilitate visitation.
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