QUESTION

Will I be able to move?

Asked on Apr 29th, 2016 on Family Law - Maryland
More details to this question:
Hi, I'm freshly married and have a 9 month year old with another man. He hasn't been involved until recently and my husband is a marine. He's currently deployed and when he comes home, I am supposed to move with him to where he is stationed in California. I currently live in Maryland. I am also 2 months pregnant with my husbands child. I was never married to the biological dad, but I feel like he will take me to court to allow me not to move. Do you know if he could do that considering my husband is a marine and cannot physically move to where we are to accommodate him and I am also pregnant with his child?
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1 ANSWER

Alimony Attorney serving Frederick, MD at Law Office of Elizabeth Stup, LLC
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You state that the child is a "9 month year old."  If the child is 9 years old and there is a currently existing custody order or agreement, you will need to modify the existing custody order and/or agreement.  A modification is different from an initial order of custody if the other parent has been involved with the child even to a limited extent. If there is not an existing agreement and/or custody order, you should file a complaint for custody with the court and ask that you be awarded primary physical custody of the child.  You should also ask that the court determine an appropriate parenting access schedule for the father.  You should explain in your complaint that your husband is in the military and that you anticipate that he will be stationed in California when he returns from deployment and that you and the children will need to move there to be with your husband.  You may also want to ask for sole legal custody if you and the father of the child have not been working together toward co-parenting and it will be difficult being so far away.  Finally, you should ask for child support if the father is employed. Generally, the court takes into account the best interest of the minor child when awarding custody.  The court is also interested in protecting the parenting access of the non-custodial parent in order to foster the continuing relationship with the child.  If the father has not been involved with the child as you mention, he may just be allowed parenting access if he comes to California to visit the child.  If he has been involved, the court may order that the child return to Maryland periodically to have access with the father, such as during the summer.  You may be ordered to pay for the travel for the child to have access with the father, the travel expenses may be divided between you and the father, or any child support award may be reduced to take into account the costs of travel for the parenting access with the father. Based on the facts that you have provided, it is likely that the court would allow you to move with the child to accompany your husband to his duty station.  It is certainly in the best interest of your unborn child that you will be having with your husband that you and that child live with your husband. I would strongly recommend that you contact an attorney who is experienced in child custody matters to assist you.  The complaint for custody form can be found on the Maryland Judiciary website under Family Law Forms, along with a short form financial statement that should be filed with the complaint if you are asking for child support. 
Answered on May 03rd, 2016 at 8:54 AM

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