Legal Question in Family Law in Maryland

my son has joint legal and physical custody with specific visitation. His days are monday,tuesday and wednesday morning. her mothers days are wednesday night, thurday and friday and every other weekend. the question is she is talking about moving out of state to west virginia is she legally aloud to move without my son's consent. if so is there something that can be filed to prevent her from moving


Asked on 10/28/11, 6:21 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Your son should file a motion to modify visitation in the event the mother seeks to move, since that would essentially destroy the joint custody arrangement. Initially he should try to get her to agree to a revised schedule which allows her to have weekends and holidays and perhaps some extended time in the summer. If the child is of school age this would avoid significant disruption in their life. If she won't work it out then he'll have to go to court, but he would be wise in this event to hire an experienced family lawyer to assist him.

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Answered on 10/28/11, 6:37 am


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