Legal Question in Family Law in Maryland

My sister wants to leave her BF, but they now have a baby together.

My sister and her bf moved in together last December. Shes 18 and hes 21. She had her son in January. The baby is about 2 wks away from being 7 mths. old. She had every intention of giving the baby her/our last name. Well, she had eclampsia and fell into a comma for 3 days. During that time, they did a c-section and took the baby. Little did we know the father and his family gave the child his last name. Not sure if that has anything to do w/ my question, but wanted to get it all in. She now wants to leave the father and her and the baby move out of state in with relatives. His family says that this would be kidnapping. Is this true? What should she do?

Thanks in advace for your help.


Asked on 7/28/03, 9:45 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: My sister wants to leave her BF, but they now have a baby together.

As things stand right now, she can do anything she wants with the baby, because the boyfriend hasn't legally been determined to be the father through a paternity/support proceeding. Until someone takes court action, she can relocate, especially if it's in the child's best interest to be with family members who can better take care of it.

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Answered on 7/28/03, 10:14 am
Carolyn Press Chung & Press. P.C.

Re: My sister wants to leave her BF, but they now have a baby together.

It would not be kidnapping. Your sister has every right to move with her baby to another state. If she does, the father may file an action for custody, but he would first have to prove he is the father, since your sister is not married. If he does file a custody action, she will have to return to Maryland to oppose it unless she can persuade the courts to move it to her new location. She will need to convince whatever court hears the case that the child's best interest is in remaining in her custody. If the child has been in her care since birth and is doing well, the father will have a very difficult case.

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Answered on 7/29/03, 5:26 pm


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