Q: Should I modify the final custody and support order before relocating to Maryland?
I have just received the official final order dated April 17, 2025, concerning custody and child support, and I want to relocate to Maryland for my pending marriage. The petitioner has a history of cocaine abuse, domestic violence, and has not had a relationship with our child since she was 2 months old. Additionally, I have a PPO against the petitioner and am uncomfortable with the reunification therapy ordered. The GAL testified that I should be granted sole legal and physical custody due to the petitioner's behavior, and argued that reunification therapy would be unwise. The petitioner has also consistently failed to make child support payments, often working off the books. The verbal order was issued on February 6, 2024, and current child support payments are to be made through the Our Family Wizard app while arrears are to be paid via child support enforcement. Given these issues, should I seek to modify this order before relocating?
A: If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see what grounds you would have for modification that have arise in 4 days. The Order that you have is likely the Order you are going to have for awhile now.
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A:
You should file a motion to modify your custody and support order before you relocate, since moving out of state without court approval can be viewed as a contempt of court or a material breach of your agreement.
In that motion, ask the court to award you sole legal and physical custody—citing the GAL’s recommendation, the petitioner’s history of substance abuse and violence, and the lack of a meaningful relationship with your child. You should also request elimination of the reunification therapy requirement as contrary to your child’s best interests and the GAL’s opinion.
Finally, include a proposed revised child‑support calculation based on your new Maryland residence and the petitioner’s ongoing arrears, and be ready to present evidence of his failure to pay. Getting the court’s written permission before you move will protect you from enforcement actions and ensure your parenting plan reflects both the safety concerns and your planned marriage out of state.
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