If I have physical custody but not legal custody and the other parent has visitation. am I allowed to move out of state and change visitation agreements?

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If I have physical custody but not legal custody and the other parent has visitation. am I allowed to move out of state and change visitation agreements?

Asked on November 27, 2012 under Family Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are not allowed to unilaterally move out of state and unilaterally change visitation agrements. The court views and creates custody and support orders in the best interests of the child. You cannot do this alone. You need to petition the court based on necessity if there is necessity the court may allow you to amend the order.  But expect the other side to counter to prevent this from occurring as it would be an extreme hardship to have one non legal custodian to move away from the parent having visitation.


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