Moving out-of-state

I think you will need to see what the laws are in MD. It may be that you only have to file it with MD courts but the custody laws and guidelines for child support are based on the residency of where the child lives, not the parent. He has the same rights that he had prior to his move since your son still lives in NC. He could possibly file for modification of custody since the move you are making is a greater distance and visitations may not be able to be taken…that is considered a change in circumstance.
Good luck!

Dear greatmom:

Greetings. You could not move the child custody order until you have lived in the new state for a period of time. You need to review the laws in MD and see if they are a UCCJEA state. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have primary physical custody of my son. I am moving to MD in two months and need to know what my rights are as far as keeping my child with me. The child has always lived with me since the separation and divorce. The father has moved to SC and I had no say in that. He is getting remarried as am I. Is it possible to just have the existing court order that I have for child support and custody transferred up there? Does the father have the same rights since he moved out of this state?