Am I Understanding This Correctly

[ohlalalynn]

What is the name of your state (only U.S. law)? Maryland

I basically want to find out if I am understanding something correctly. Let's say a married couple in Maryland splits up and has a divorce and CO on file. At the time of the split they are both living in the same county. The first CO is written and signed. It goes into effect. No where in the CO does it say anything about giving notice for either parent to move. Mom has primary. Dad visitation. Dad moves out of the county to two counties away. Doesn't give any notice of his move until the day that mom is coming to pick child up from visitation. When mom calls 10 mins before pick up to let dad know she is almost there he informs her of his new address, which is over 30 miles away and then claims mom is late to pick up. Mom brings this issue up with lawyer but is basically told there is nothing she can do about it. Dad then moves again to another county several months later. Does not provide address until day that child is staying with him. Based on what she was previously informed about change of address/moving nothing is done about it. Six months later mom moves one county away. She informs dad via certified mail prior to the move. Dad signs for mail and never disputes the move. From what I'm gathering at this point there is nothing that either party can do about the moves since it was not disputed? Also because there is no clause in the CO that says anything about moving. At this point could either parents move out of state without an issue as long as that CO is in effect? When the parties go to court at a later date could any of the moves be an issue?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland

I basically want to find out if I am understanding something correctly. Let's say a married couple in Maryland splits up and has a divorce and CO on file. At the time of the split they are both living in the same county. The first CO is written and signed. It goes into effect. No where in the CO does it say anything about giving notice for either parent to move. Mom has primary. Dad visitation. Dad moves out of the county to two counties away. Doesn't give any notice of his move until the day that mom is coming to pick child up from visitation. When mom calls 10 mins before pick up to let dad know she is almost there he informs her of his new address, which is over 30 miles away and then claims mom is late to pick up. Mom brings this issue up with lawyer but is basically told there is nothing she can do about it. Dad then moves again to another county several months later. Does not provide address until day that child is staying with him. Based on what she was previously informed about change of address/moving nothing is done about it. Six months later mom moves one county away. She informs dad via certified mail prior to the move. Dad signs for mail and never disputes the move. From what I'm gathering at this point there is nothing that either party can do about the moves since it was not disputed? Also because there is no clause in the CO that says anything about moving. At this point could either parents move out of state without an issue as long as that CO is in effect? When the parties go to court at a later date could any of the moves be an issue?

State law applies. And it normally only applies to the custodian and MOVING THE CHILD. Doesn't matter where the parent moves but where the child lives and is to move.

 

[ohlalalynn]

State law applies. And it normally only applies to the custodian and MOVING THE CHILD. Doesn't matter where the parent moves but where the child lives and is to move.

What if the current CO lists neither parent or address as the primary/custodial?

 

[Ohiogal]

What if the current CO lists neither parent or address as the primary/custodial?

Then how is mom primary??????

 

[ohlalalynn]

Then how is mom primary??????

I never said mom was primary. And if I did it by accident when I wrote that initially mom was primary. On the first & second CO. Then mom & dad went to a 50/50 split with neither being listed as primary on the CO. Sorry about that confusion.

 

[ohlalalynn]

Then how is mom primary??????

Yes that is my fault. I was trying to type fast and I forgot to clear up that mom was primary on first two CO's but the third was a 50/50 split.

 

[Ohiogal]

I never said mom was primary. And if I did it by accident when I wrote that initially mom was primary. On the first & second CO. Then mom & dad went to a 50/50 split with neither being listed as primary on the CO. Sorry about that confusion.

Yes you did. You wrote:

Mom has primary. Dad visitation.

You get answered based on what you write. Then both of them should have followed state law regarding relocation. Who are you in this situation?

 

[CJane]

It appears that Maryland statute only requires that notice be given if the court has ordered that it be so.

§ 9-106. Notification prior to relocation of child


(a) In general. --

(1) Except as provided in subsection (b) of this section, in any custody or visitation proceeding the court may include as a condition of a custody or visitation order a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, of the intent to relocate the permanent residence of the party or the child either within or outside the State.

(2) The court may prescribe the form and content of the notice requirement.

(3) If the court orders that notice be given to the other party, a mailing of the notice by certified mail, return receipt requested, to the last known address of the other party shall be deemed sufficient to comply with the notice requirement.

(4) If either party files a petition regarding a proposed relocation within 20 days of the written notice of the relocation required by paragraph (1) of this subsection, the court shall set a hearing on the petition on an expedited basis.

(b) Waiver. -- On a showing that notice would expose the child or either party to abuse as defined in § 4-501 of this article or for any other good cause the court shall waive the notice required by this section.

(c) Violations -- Defenses. -- If either party is required to relocate in less than the 90-day period specified in the notice requirement, the court may consider as a defense to any action brought for a violation of the notice requirement that:

(1) relocation was necessary due to financial or other extenuating circumstances; and

(2) the required notice was given within a reasonable time after learning of the necessity to relocate.

(d) Violations -- Effect. -- The court may consider any violation of the notice requirement as a factor in determining the merits of any subsequent proceeding involving custody or visitation.

Crazy as I think that is... if your order does not indicate that notice must be given, then statute does not require notice to be given. Which does mean that either party can relocate w/out giving notice. HOWEVER, that does not mean that they can do so without further intervention of the courts, should the non-relocating party wish to file for a modification.

 

[ohlalalynn]

Yes you did. You wrote:

You get answered based on what you write. Then both of them should have followed state law regarding relocation. Who are you in this situation?

The mom. I did notify in advance. It wasn't 90 days because we had one place that we were going to move to and the owners couldn't comply with some things. So the location changed. But I did do it in advance and did it via certified mail so that I knew for sure he got the notification.

 

[ohlalalynn]

It appears that Maryland statute only requires that notice be given if the court has ordered that it be so.



Crazy as I think that is... if your order does not indicate that notice must be given, then statute does not require notice to be given. Which does mean that either party can relocate w/out giving notice. HOWEVER, that does not mean that they can do so without further intervention of the courts, should the non-relocating party wish to file for a modification.

I have been trying to do some research and I have even received conflicting answers from lawyers about the moving out of state thing.

 

[Ohiogal]

I have been trying to do some research and I have even received conflicting answers from lawyers about the moving out of state thing.

Don't expect that dad will not be able to stop you from removing HIS child from the state. If you want to move out of state, you may find dad becoming primary custodian. Is that a risk you are willing to take?

 

[ohlalalynn]

Don't expect that dad will not be able to stop you from removing HIS child from the state. If you want to move out of state, you may find dad becoming primary custodian. Is that a risk you are willing to take?

No it is not. Which is why I asked the question. I am trying to put all facts together to make the best decision for the family.

 

[Ohiogal]

No it is not. Which is why I asked the question. I am trying to put all facts together to make the best decision for the family.

As dad has 50/50 custody, it is possible that he could prevent the child from being moved out of the state. Did any previous order state anything about relocation? Because if it was not changed it still remains in effect.

 

[ohlalalynn]

As dad has 50/50 custody, it is possible that he could prevent the child from being moved out of the state. Did any previous order state anything about relocation? Because if it was not changed it still remains in effect.

No not one of our orders said a single thing about relocation. This is what is in and what has always been in the order: ORDERED, that each party shall keep the other advised of any change in residence and/or telephone number. If either party plans to have the child overnight at a place other than that party’s place of residence, the other party shall be notified 24 hours in advance and given the address and telephone number where the child may be reached;

 

[Ohiogal]

No not one of our orders said a single thing about relocation. This is what is in and what has always been in the order: ORDERED, that each party shall keep the other advised of any change in residence and/or telephone number. If either party plans to have the child overnight at a place other than that party’s place of residence, the other party shall be notified 24 hours in advance and given the address and telephone number where the child may be reached;

Then if you are planning to move, give dad the address. He can then file in court to prevent the child from being moved or get an order requesting the child be returned to the jurisdiction. It is a risk. No one is going to be able to guarantee that if you move, dad won't fight you or that you will retain primary custody. If you move out of state, how will dad be able to exercise his 50/50 time?