Legal Question in Family Law in Maryland

I am wanting to move out of the state of Maryland and back to Texas, with my son. Am i able to do that without the consent of his father? I dont want to do anything illegal, but this enviorment is not safe for me or my child. Can I go and just not come back? What llegal right does he have to stop me?


Asked on 4/10/10, 10:00 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If there is no existing court order regarding legal custody or visitation, you can do this. But you can't deprive the father of visitation rights. After you have established residency in TX for 6 months with your son, you can file a custody petition there to get legal custody. You can also seek child support from the father. Of course, you will have to serve him with the court papers so he has a chance to participate in the proceeding.

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Answered on 4/15/10, 1:42 pm


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