Two parties are divorced in the state of Maryland with two children. Both parents are military. Currently joint custody is in place with the children spending 50% of their time with each parent. The Mother is an AF Officer, father is AF Enlisted. The mother has received orders to move and wants to take the children and believes she has every right to without legal consultation because she is an Officer and the father is not. Is this true? Does the mother need to have written permission to relocate the children out of state which would change the custody agreement? Does she need to file for the relocation or a custody change and is an Officer always decided upon over and Enlisted member of the military? The father is stationed in MD for three more years which would allow the children to stay in their current school and provide stability. Does Maryland state law apply the same when both parents are military and would the father have a case here.
Answer
The father definitely has a case, inasmuch as the issue is what is in the best interests of the children. Relative rank is irrelevant. It will be up to the divorce court, not the military, as to how to resolve the custody issue in light of the mother's relocation.
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