QUESTION
Can my wife take my kids out state without my premission if were formally seperated?
Asked on Mar 07th, 2012 on Child Custody - Maryland
More details to this question:
We lived at my parents home in MD for more then eight months. I have moved out into my own place. She travels to NJ on the weekends she's planning to move there. I would wish to see my kids I work during the week and the weekend is the best time for me so she makes sure she's going out of state every weekend. If I do not give my permission as the other parent do I have any legall path or rights. I heard she can not take the kids out state without my permission is this true?
1 ANSWER
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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If neither one of you has a custody order from the court that delineates each parent's access time with their children, then yes, she has a constitutional right to travel with them as long as they are safe and well cared for. If you started a case for divorce and/or custody, which I suggest you do, you could file an emergency motion with the court preventing her from leaving Maryland until the court has made a custody determination.
Answered on Mar 08th, 2012 at 11:51 PM