Child Custody and Relocation in Maryland

Navigating Child Custody and Relocation Legal Steps and Considerations

No one can predict or avoid divorce, and we certainly don’t wish it upon anyone. When a couple decides to separate, one partner typically leaves the marital residence. During this process, issues such as child custody and relocation can arise. It’s important to address these matters carefully to ensure that any changes in living arrangements are handled in the best interests of the children involved.

The freedom to move on to better things comes with the end of a relationship, but for parents, it does not always mean being able to physically move away, for instance, for a new job or love interest. Parents who are relocating with their children must first meet a number of legal requirements.

The decision to relocate will vary from case to case and be governed by the court order that the judge issues following the divorce and custody matter.

The information must be provided in the notice:

• The new address
• The reasons for relocation ( live closer to family members, change employment, wish to remarry, or simply want a fresh start)
• New Contact Information
• What changes can be made to the parenting plan or any contact plan if the relocation occurs to accommodate a child’s relationship with those receiving notice?

This is reasonable, but it might involve interactions with the court to obtain the consent required for the child’s relocation.

In these situations, the family court in question and the parent staying put must notify each other in writing within 90 days of the proposed move. There is an exception to this provision when moving is necessary for financial or other important reasons, when adequate advance notice is given, and when the parent moving can convince the court that providing such a warning could expose them or their children to potential abuse.

The non-moving parent (or non-moving parent) has 20 days after receiving the notice to approve or object to the relocation. Parents must provide written conditions of their agreement to the court. The parents may change child custody or visitation schedules.

The court expects parents to try to work out issues involving their children, including a child’s possible relocation, by using out-of-court processes such as negotiation and mediation, unless it would not be appropriate. A judge may also make a decision that one or both of you do not like.

Factors should be discussed when determining what is in your child’s best interest:

• How to provide the non-moving parent with some of the lost parenting time if the relocation occurs, such as by giving them more time during the summer and other school breaks?
• Is it possible to delay the relocation until the child is older?
• Would the other parent be able to relocate as well?
• Could the partner move in with the child instead of the parent if the move is to join the parent’s new partner, keeping the parenting schedule the same?

After that, the court will schedule a hearing and review the non-moving parent’s petition to stop the move. If the agreement seems unfair or if the parents can’t agree, the judge will make any necessary changes.

The possibility if you disagree with the intention to transfer

1. Giving the other individual detailed information about your objection will allow you to object. You can see all the details you need to put in your objection on the Objection to Relocation form;
2. To stop the move, you can file a court application.

You can only move with your child after the court approves the move if there’s been an objection or a court application against the relocation.

Factors that the judge will consider for relocation:

• Whether the child in question is under one parent’s physical and legal custody or if both have joint legal custody.
• Maintaining parent-child connections and opportunities in the future for the child’s lives
• The child’s age, gender, and health
• The child’s physical, moral, and spiritual well-being
• The environment and current surroundings for the children live.
• Any visitation, custody arrangements, or child custody agreements that we previously made.
• Each parent’s character and reputation
• Any possible disruption of the existing child visitation arrangement that may develop as a result of the move.
• If the relocation interferes with or aims to interfere with the nonmoving parent’s visitation rights.

If the judge permits the relocation, the non-moving parent might get more time with the children during summer vacations, school breaks, and holidays. If staying put is in the child’s best interests, the judge may grant custody to the non-moving parent.

Based on the best interests of the child, the court will decide whether to authorize the relocation at the hearing. Remember that neither parent bears the burden of proof in this situation.

Divorce relocation with custody parenting can be particularly challenging, and having an experienced lawyer to assist you is crucial. If you or someone you know is dealing with child custody and relocation issues, a skilled divorce lawyer can offer the guidance needed to handle these complex situations. Connect with us and schedule a consultation.