Washington, DC asked in Family Law and Child Custody for Maryland

Q: I was awarded sole custody of my son in MD. Prior to our divorce, my ex moved to NY. Can she stop me moving to CA?

She has been in and out of jail/rehab and lives with her boyfriend and his mother. I have 2 other children with my new wife, and we have all beem together as a family for 3 years.

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1 Lawyer Answer

Elizabeth Pugliese

Answered
  • Divorce Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The concern for the court is -- will this affect the current custody arrangement. If she is supposed to see the kids every other weekend, well that's harder from California. But if it won't affect the current arrangement, unlikely to be able to actually stop it.

However, even if she says you can't go. You can always file with the court for permission to move. If the court feels it is in the best interest of the child and there will still be access (skype/facetime is great for this), then the court will issue an order allowing you to move. Always better to either get the other parent's permission or the court's before moving.

You should speak to an attorney about your options.

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