If there is not a court order, then a parent can move out of the state of Maryland with their children. However, it may not be a wise thing to do.
First of all, the court that has jurisdiction over your children is the court where the children have resided for the last 6 months. This means that the other parent court petition to court with jurisdiction to order the immediate return of the children. Courts in Maryland usually will issue this order upon request. You risk being court ordered to return the child to Maryland if you leave the State without an agreement with the other parent. However, nothing is certain. It is possible that you would not be ordered to return.
If you are separated, and there is not court order, and the children live primarily with you, and you want to move out of State, and you know that the other parent will not consent to you leaving with the children, then it is best to file a custody action seeking physical custody of the children.
You should also put in writing a proposed access plan specifying when the children will be with the other parent and how the children will be transported. In this event, you greatly increase the likelihood that you will not be ordered to return the children to Maryland.
If there is a court order, then there will probably be other problems preventing you from moving out of the jurisdiction. First, a custody order usually provides for frequent access between the other parent and the children. If you move out of State it is likely that the children would not be available for the court ordered access.
This means that moving out of State would put you in violation of the order – commonly known as contempt of court. This is so whether you have sole custody or not. The focus is whether there can be compliance with the physical custody schedule.
The takeaway is that you should have agreement from the other parent before leaving the State with the children.
Talk to an Attorney
In Maryland, divorced parents might see themselves in this situation with child custody. Parents with sole custody might be looking to make modifications to new terms. You need to consult an experienced men’s divorce attorney in Maryland whether you are looking for relocation or to oppose your partner’s will to move out of state.
At Paré & Associates, LLC (formerly Law Office of Alice Paré), we have been helping clients in Germantown, Clarksburg, throughout Montgomery County and all of Maryland for more than thirty (30) years. Our attorneys are available to meet with you in person, over the phone, or online – however, you prefer.
Contact or Call us at 301-515-1190 for a Free Initial Consultation.