This form is a generic petition and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maryland Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State
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US-01814BG
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How to fill out Joint Petition By Custodial Parent And Non-Custodial Parent For Modification Of Visitation Rights Allowing Removal Of Child From State?
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FAQ
If the child is in an unsafe situation, it is important that the problem is brought to the attention of the court and other appropriate agencies. The court has the power to deny visitation to a parent. Normally, the court will only stop visitation for a certain time or until a certain task is performed.
Either of the separated parents may petition a circuit court in Maryland for custody of a child. If the parties cannot agree about who should have custody, the court will grant custody either solely to one of the parents or shared between parents.
If your co-parent has been found guilty of neglecting or abusing another minor in the past. If you have reason to believe the child will be taken far away (out of state) and this goes against your existing custody order. If your co-parent is not in a stable or safe housing situation.
In Maryland, the court's primary concern is the well-being of the child. This means that the court will consider factors such as abuse, neglect, or a history of substance abuse, as well as the ability of each parent to provide a safe and stable environment for the child.
It is increasingly difficult to prevent your ex from moving if s/he is the primary custodial parent. An attorney can help you fight this move, or to get a court to impose an alternative that will allow you as much time with your children as possible, but you must be realistic in your expectations.
Therefore, the mother has the right to move out of state and take her child with her. The father may contest the move by filing a case with the appropriate Court wherein he must seek an Order of Paternity and an Order preventing the move.
If the parents have joint physical custody, it's more likely that the judge would rule against the move unless the mother can prove it's in the child's best interests. If there isn't a permanent custody order in place, the judge will decide based solely on the child's best interests.
You can legally stop your ex-spouse from moving by seeking a court order, and your lawyers can help you. Besides, your ex-spouse should at least consult you before moving because it concerns the child.
You cannot do this on your own Instead, petition the court to explain why you think those custody rights should not be allowed. Of course, if this is a physical abuse issue and you think your child is in danger, you may have more immediate actions you can take, such as getting a restraining order or a no-contact order.