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an unmarried couple cohabit and have a child born in the state

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an unmarried couple cohabit and have a child born in the state of maryland. Can one parent move out of state and take the child away from the remaining parent?
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Submitted: 5 years ago.
Category: Family Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
That depends on the custody order, if there is one. Pursuant to Section 9-106 of the Maryland Code, a court can, in entering a custody or visitation order, require a parent to provide a notice period prior to relocating with a child. Unless a court order requires such notice, a parent is not required to provide notice prior to relocation. That said, pursuant to Sections 9-304 and 9-305, a parent who removes a child to a place in the state or in another state to deprive the other parent of access can be charged with the crime of custodial interference. This is true even if there is no court order regarding custody or visitation, provided that paternity has been established.
From a civil perspective, if the child is removed from the state, the parent left behind has up to six months to file a petition in Maryland to establish custody or visitation rights (sooner action is better, as delay can compromise the parent's rights) and the court can order the child returned to the state, as well. The court may also then consider a parent's relocation and removal of a child when making future determinations as to custodial rights.
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