rights of primary care-giver

[sawick0134]

MD

I am the primary caregiver and a stay-at-home mom to my two children. I want to divorce my husband (who is a non-US citizen). He threatened to call the police if I take our children over state lines on a vacation in another state that he was already aware of. Does he have a leg to stand on?

In addition, when I leave him, I want to move back in with my mother in NJ where my family support system is located. Can he legally keep me or the children in Maryland? I feel that the children should be with me and since I am a stay-at-home mom, I don't have the income to move to another house in MD with or without the children. My mother is willing to let the children and I live with her.

 

[Just Blue]

MD

I am the primary caregiver and a stay-at-home mom to my two children. I want to divorce my husband (who is a non-US citizen). He threatened to call the police if I take our children over state lines on a vacation in another state that he was already aware of. Does he have a leg to stand on?

In addition, when I leave him, I want to move back in with my mother in NJ where my family support system is located. Can he legally keep me or the children in Maryland? I feel that the children should be with me and since I am a stay-at-home mom, I don't have the income to move to another house in MD with or without the children. My mother is willing to let the children and I live with her.

You can take the children on a Vacation. You can even move...BUT!!! If you move the children out of state with out Dad's permission or the courts permission, Dad can file for the return of the children. The Judge will likely grant said motion.

Before you move follow MD guidelines.

 

[Bali Hai]

MD

I am the primary caregiver and a stay-at-home mom to my two children. I want to divorce my husband (who is a non-US citizen). He threatened to call the police if I take our children over state lines on a vacation in another state that he was already aware of. Does he have a leg to stand on?

In addition, when I leave him, I want to move back in with my mother in NJ where my family support system is located. Can he legally keep me or the children in Maryland? I feel that the children should be with me and since I am a stay-at-home mom, I don't have the income to move to another house in MD with or without the children. My mother is willing to let the children and I live with her.

The court will need to give the ok for you to move the children to NJ. And that probably won't happen.

 

[Antigone*]

The court will need to give the ok for you to move the children to NJ. And that probably won't happen.

Did you steal the crystal ball from SJ's dog Violet, Bali. The judge is not going to be happy

 

[sawick0134]

Thank you both - so much - for your time and answers. I'm going to do a lot more research on MD law and then go from there. It's good to know this little bit of information for now; my future decisions will be much more researched.

Again, I appreciate your time and answers. Enjoy the remainder of your day.

 

[TinkerBelleLuvr]

Both parents have equal rights to the children since you are married. No, it is not kidnapping to go on VACATION.

You do understand that you'll have to get a job to help yourself and the children, right?

 

[Zigner]

The court will need to give the ok for you to move the children to NJ. And that probably won't happen.

It depends on how our OP does it. If the OP moves with the kids NOW, prior to ANY paperwork being filed, then no approval from the court is necessary for the move. Of course, as was mentioned previously, Dad can seek a court order for the kids to be returned to the state.

 

[Bali Hai]

Thank you both - so much - for your time and answers. I'm going to do a lot more research on MD law and then go from there. It's good to know this little bit of information for now; my future decisions will be much more researched.

Again, I appreciate your time and answers. Enjoy the remainder of your day.

You do the same, it's been a pleasure assisting you.

 

[Just Blue]

Thank you both - so much - for your time and answers. I'm going to do a lot more research on MD law and then go from there. It's good to know this little bit of information for now; my future decisions will be much more researched.

Again, I appreciate your time and answers. Enjoy the remainder of your day.

You're Welcome

Please keep in mind the children and how this move will effect their relationship with their Dad. IF you are granted the right to move the children you will also likely be responsible for ALL the costs of transportation.

 

[Proserpina]

Mom, please bear in mind you must give Dad 45 days notice in MD if you intend to relocate.

It's best to get that sorted out WELL before you actually leave.

You haven't mentioned, but did you sponsor him?

 

[Zigner]

Mom, please bear in mind you must give Dad 45 days notice in MD if you intend to relocate.

It's best to get that sorted out WELL before you actually leave.

You haven't mentioned, but did you sponsor him?

Pro - presently there is nothing filed with the courts. Mom is free to move anywhere her little heart desires (with the kids even.)

 

[Zigner]

I want to be clear:

Mom is free to move NOW because there is nothing filed with the courts. Once something is filed with the courts, it's a different ball game. I am NOT saying that mom should move, just pointing out the specifics of the situation.

 

[Bali Hai]

I want to be clear:

Mom is free to move NOW because there is nothing filed with the courts. Once something is filed with the courts, it's a different ball game. I am NOT saying that mom should move, just pointing out the specifics of the situation.

You're not trying to put foolish ideas in Mom's head are you?

 

[Proserpina]

I want to be clear:

Mom is free to move NOW because there is nothing filed with the courts. Once something is filed with the courts, it's a different ball game. I am NOT saying that mom should move, just pointing out the specifics of the situation.

Yes, you're right.

And I was wrong - the law changed fairly recently. It's 90 days notice (once orders are in place).

 

[sawick0134]

@ TinkerBelleLuvr: I know that I will need to get a job. I worked in the past and may make a career change and head into a different field, but employment is very much a priority.

@ Proserpina: I did not sponsor him. And I will be very much sorting all kinds of things out in the very near-future.

No moves or anything will be done until the proper paperwork, etc is all sorted and handled. I'm taking into consideration the children as well as myself. For me, being a stay-at-home mom for the past 5 years, the ideal situation is to move in with my mother in NJ, where the majority of my family (support system) reside. His business is in MD which explains his need to stay in that area. But I'm not doing anything without proper research and filing of the necessary paperwork. This business of calling the police as me and the kids headed out on our vacation was just a shock for me; and I just wanted to be sure that what I was doing was not breaking the law and wouldn't cause any issues when the proceedings go forward in the future.

Thank you all for your help, time and answers. I truly appreciate your insights and advice.