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Maryland-Abandonment?

Started by Liz, Jan 16, 2006, 03:37:09 PM

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Liz

I am the NCM to 1 daughter, her father is the CP. He has sole physical custody. I reside in New Hampshire, he now resides in WV, and my daughter (as of saturday) resides in MD.

Heres a brief run down. He has moved her several times from one school back to the "original" school. He moved her across the state lines without notifying me for over 30 days, this past June.

This past Saturday he contacted me stating he was moving her to his parents while, he remained in WV.

Two Questions

What does Maryland law say about moving with the child, and notification to the NCP?

Does moving her in with his parents constitute abandonment? They  do not have guardianship. This is the second time he has done this.

I hope I have given you enough information. Willing to provide more if necessary.

Thank You.

socrateaser

>Two Questions
>
>What does Maryland law say about moving with the child, and
>notification to the NCP?

I don't know MD law specifically, however, if the other parent has sole custody, then he has the "sole" right to make major decisions concerning the child's health and welfare, and that means he doesn't need your permission to change schools or move from one state to another -- he merely needs to keep you notified as to the child's contact information.

>Does moving her in with his parents constitute abandonment?
>They  do not have guardianship. This is the second time he has
>done this.

No, as sole custodian, he can delegate his custodial rights to anyone he wishes, as long as he acts in the child's best interests. And, he is rebuttably presumed to do so, thus, if you believe the child's best interests are not being effected, you must move the court for a new custody hearing and demonstrate by clear and convincing evidence that there has been a substantial change in circumstances affecting the child's best interests. If you succeed, then you can get the court to reconsider custody in light of the father placing the child with the grandparents. If not, then you have no grounds and no case.

Liz