Gaithersburg, MD asked in Child Custody, Divorce and Family Law for Maryland

Q: I’m separating from my husband &want to move out of Maryland to another state and there’s no custody arrangement

Our relationship isn’t healthy and my daughter isn’t close with him. I have proof of him leaving her in the dark for 30 minutes when I went to work. He cheats on me and for the first 4 months of when our youngest was born, he wasn’t there at all. CPS came and did an investigation and told me I should leave because it’s not healthy here. Even my daughter teacher said my husband has not been involved in anything for Abbie regarding school that I’m the only one who’s been doing everything school wise for her.

1 Lawyer Answer

A: It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are separating so a custody agreement can be part of your separation agreement and if he agrees to all property distribution as well then you won't have a waiting period to get divorced.

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