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How can a parent stop another parent from moving the child…

Customer Question
How can a parent...

How can a parent stop another parent from moving the child out of state in less than 3 days?

Lawyer's Assistant: Family law varies by state. What state are you in?

Maryland

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes He has ask for a fee first before talking. I already went to the court and request for mother to be serviced. Just found out she is leaving sooner then later with my son

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know the fastest way to handle this

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
9/27/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,999
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

I am sorry to hear this;

1. are the parents married?

2. are there any court orders re: custody?

3. if so, does it address "move away" cases?

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Customer reply replied 7 months ago
No never married and yes the custody just address visitation and insurance and child support. No move away. I have research and read something on parental kidnap for child under 16 years of age without other parent permission
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Thank you;

under the UCCJEA the child's home state continues to have continuing and exclusive jurisdiction over the child, so the other parent can be ordered to return the child to the home state - please see here

It is a penal code violation to remove a child under the age of 12 from the custody/control of a parent - please see here

Normally a move away order contained in the custody order (stating a party does have the right) would defeat such a criminal allegation; but if there is no such language then that would not be a justification.

From a family law perspective the court may use the interference as a basis for changing custody and awarding legal fees - please see here

If the other party has expressed a clear intent to move with the child, the parent may petition the court for an ex parte order that specifically precludes the parent from moving the child outside of the state, and for temporary emergency orders that allow the non-moving parent custody.

The court may also change custody/visitation so the moving parent is only allowed supervised visitation to help ensure the child will not leave the state.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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