Legal Question in Family Law in Maryland

Re: Stopping from re-location

Are you paying support pursuant to an order issued by a New York Court? If so then you must go back to that court. Assuming that is what happened you need to argue that the move is a significant one visa vie your visits. I don't know how much further Georgia is then Maryland but if your visitation is impacted that's your arguement. You may or may not succeed depending upon her reason for moving. If for instance she is taking a job in Georgia which will significantly improve the children's lives then you have a tough road. If there is a grandparent in Georgia available for babysitting again tough to beat this. If you wish to speak to me call me at 201-330-0722.

Re: Stopping from re-location

I respect your commitment to be a part of your child's life despite the great distance between you in miles.

You do have rights in this situation. Exactly how to pursue them depends on information not included in your email. But, generally, you will make a 'motion on notice' to the court to restrain your ex from taking the child from the area in which they now reside.

The big question is: which court? The answer is the court which made the 'order of custody' and 'order of support'. This information is not contained in your email.

If there is no court order (you and your ex agreed on the support and other issues without lawyers and judges) then you must make the initial filing for custody. Again, this might be done in MD or NY, depending on some very specific facts (were you married, did she ever live with you in NY, did the child ever live in NY?)

A capable attorney can easily help you with these questions. The law on these issues is not complicated, but the actual details of your's, your ex's, and your child's life can be very complicated.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, New York, NY. Please call for an appointment first; (646) 591-5786, fax (718) 729-2029.

Re: Stopping from re-location

If there is an existing custody order, you must file for any changes (modifications) in that order in the state that issued the order. To prevail, you would have to establish that the current custody relationship is detrimental to your sons and that it would be in their best interest to be in your custody.

Short of that, you could seek to prevent the mother's move to GA if you can demonstrate that the additional distance you would have to travel to maintain your relationship with your sons would be a significant hardship. If her move is job-related or for some other legitimate reason, it will probably be difficult to stop her, unless there was some agreement between the two of you that she would stay within a defined distance from where you live.

Re: Stopping from re-location

Contact an attorney in which the order of support lies. Your action is for a modification of custody. I am not aware of the standard that applies in New York. If you should need a Maryland attorney, contact me at (410) 799-9002