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In Maryland, the custodial parent cannot move out of state without approval from the court which issued the original custodial order. If the custodial guardian moves out of state with a minor child without the courts or non-custodial guardians agreement then that guardian may face penalties.
When children are born to an unmarried couple, either the mother or the father can pursue custody, so long as paternity has been established. In a Maryland child custody case, the court will award both legal and physical custody.
Courts have allowed children as young as five to testify about their custodial preferences. The child's preference is not the only factor in custody cases. Courts must determine what is in the child's best interest, separate from what the child wants.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Unmarried Parents If the parents are unmarried, the child is the child of his/her mother. For the father to claim rights to the child (including rights to custody or visitation), paternity must be admitted or established in court.
According to MD's parental kidnapping law, a person may not forcibly abduct, take, or carry away a child under the age of 16 years from the custody and control of the child's parent or legal guardian. Under certain custody circumstances, a parent may be in violation of this law.
The court will also include the child's preferences if the child is at least 16 years old. At that age, the child can also petition the court for change of custody. This does not mean the court will forgo other factors though before determining custody.
In Maryland, a court will take the child's preference into account when they are 16 years old. Once a child reaches the age of 16, they also have the right to petition for the custody arrangement to be altered.
Gender does not (legally) influence custody decisions.Maryland law protects both mothers and fathers being able to retain or obtain custody of their children regardless of gender.
The court will also include the child's preferences if the child is at least 16 years old. At that age, the child can also petition the court for change of custody. This does not mean the court will forgo other factors though before determining custody.