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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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At 4 months I moved with my infant from CA to MD to attempt

Customer Question

At 4 months I moved with my infant from CA to MD to attempt a relationship with his father. We currently have lived together for 6 months. The relationship is not working out and I would like to return to CA. While he previously agreed that this was an option, he is now saying he wants to take me to court to keep me and the baby in MD. What are my rights?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.


Thank you for your question. I am happy to assist you.

Absent a court order or proceeding concerning the child, you may take your child and move to CA. Once you move, the chances are greater that a judge will not order you to return.

Absent a court order concerning the child, both the mother and the father have equal rights. Each parent, absent a custody order or court proceeding, has the right to relocate or travel with his child as he sees fit.

This means that without a custody order the father can take the child anywhere. This also means that without a custody order the mother can take her child anywhere. There is no legal restriction on either parent relocating with the child to a different state.

When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,

Ellen and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
There is no court order, so I can relocate. Do I need to notify the father when I relocate?
Expert:  Ellen replied 8 years ago.
No. You do not need to notify him where you move.