Divorces involving children often prove difficult for several reasons. Important decisions need to be made regarding which parent the children will primarily reside with as well as visitation rights for the noncustodial parent. These challenges often present even more hurdles for parents who wish to relocate. Imagine a scenario in which a military spouse abandons his or her marital home and relocates out-of-state with the children.
If you are a military member who is currently serving overseas, then you should know that Maryland law prevents a “stay-at-home” spouse from divorcing you without your knowledge or consent. In fact, there a requirement that any active-duty service personnel must first be served with papers prior to divorce proceedings.
For cases in which a divorce has already been finalized, many judges also include additional notification requirements. For example, a judge may specify in the finalized divorce decree that any subsequent custody or visitation modifications must include at least 90 days advance written notice.
Of course, the obvious reason for such a requirement is to allow the other parent to prepare an adequate challenge to those requests. If your ex-spouse is currently seeking to relocate with your child, there are a few things you should know. You are entitled to retain legal counsel to represent you in a challenge to any child custody modification request.
Our law firm has been representing Maryland clients since 1992. Whether you are seeking to challenge a modification to an existing court order or you simply want to understand your rights, our attorneys offer free initial consultations on such matters. Prospective clients should know that our law firm maintains a 24-hour emergency contact to assist Maryland residents whenever their legal needs arise.