Legal Question in Family Law in Maryland

ex wife marries inmate

I have a, court ordered, shared physical and legal custody agreement of my daughter for three years now. My ex-wife recently married a man that is currently imprisoned for a term of 2 years at Morgantown federal penitentiary for posession of fully automatic weapons. My ex-wife still married him; eventhough, she knew he was involved in a serious crime. Now she wants to take my daughter to live over a thousand miles away with this man and cut my already court ordered shared visitation of equal time to only two months in the summertime. I can't allow this to happen when all of my daughters schoolmates, friends, and family live just a small drive away. My daughter is aware that her mommy wants to leave but she would rather stay here. What legal action should I take and how good of a chance do I have of keeping her with me for nine and a half months and allowing her to see mommy for 2 and a half?


Asked on 11/02/03, 10:32 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: ex wife marries inmate

Your ex-wife's plan to move a thousand miles away, and her marriage to a potentially dangerous felon, create "material changes of circumstance" which can be the basis for a return to court to ask for a change in the custody order. At a new hearing the court will consider whatever evidence is presented that there have been material changes of circumstances which permit a new consideration of what is in the best interest of your daughter. You will want to present evidence that remaining in the area she is familiar with would be better for her than the move to a new location. Check out the proposed new location, the schools, etc., and get some good information about the schools and other resources where you live. Does your child, or her mother, have family in the new area? What social, cultural, and recreational activities are available here and there? How close are your daughter's ties to friends and family where she how lives? And when does the new husband get out of prison? Did he do anything with his dangerous weapons, of just possess them? Since you currently have equal time with your daughter, her mother has no reason to assume that you, and not she, should expect a reduction in time because of her move. I suggest you see a lawyer as soon as possible to prepare to file a petition before the move actually occurs. The court can issue an order preventing the move for your daughter, but not for her mother, until a final decision is reached about what is in your daughter's best interest.

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Answered on 11/03/03, 8:25 am


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