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  1. #1
    Join Date
    Nov 2010
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    2

    Default Mother Moved Across Country Without Informing Father

    My question involves a child custody case from the State of: Maryland

    Biological Mother moved from Maryland to California with son and new boyfriend, she did not inform the Biological father before hand; she called him when she was on the plane getting ready to leave. There was no legal agreement of visitation between them only an oral agreement of custody and visitation. The Father did provide monetary support for the child prior to the Mother taking him out of state. Since she moved the child to California she has not allowed the father or any of his family to have any contact with the child.
    Is there any way for the father to regain custody of the child?

  2. #2
    Join Date
    Apr 2009
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    Default Re: Mother Moved Across Country Without Informing Father

    Questions.

    Is Dad actually legally established as Dad? Was he married to Mom?

    WHEN did Mom move?

    (fwiw, Dad cannot regain custody - he never had it to begin with)

  3. #3
    Join Date
    Nov 2010
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    2

    Default Re: Mother Moved Across Country Without Informing Father

    There has never been a need before now for paternity to be established but it would not be a problem for the father.
    The mother took the child about 3 months ago ostensably for a reading of her new boyfriend's father's will... once out there she told the father that she was not coming back. The father sought the help of a lawyer but she told him that the only way for him to fight his son's mother for visitation or joint custody was for him to go to California. The father is an only child and his mother has lung cancer; therefore he cannot leave the state for an extended amount of time. The mother and son are technically still legal residents of the State of Maryland, not California, does this make a difference when fighting a custody arrangement out of the resident state?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Mother Moved Across Country Without Informing Father

    Here's the problem - he's not even legally the child's father at this point.

    He has to establish paternity and because there have been no prior orders, Mom would generally be able to successfully fight for CA having jurisdiction, so I'd agree with the attorney - he'll have to do it in CA.

    How old is the child, btw?

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