Relocating with a child after a separation or divorce can get messy, especially when one parent does not agree with the move. For parents who wish to relocate, it’s important to understand the legal implications and procedures involved so that your move is in the child’s best interest and complies with Maryland family law.

Understanding Maryland’s Laws on Parental Relocation

In Maryland, a parent who intends to relocate with a child generally must adhere to specific legal requirements, particularly when there is a custody order in place. This protects the child’s relationship with both parents and ensures that the move is truly beneficial.

Relocation Notification Requirements

Under Maryland law, if the terms are included as a provision in their controlling custody order, a custodial parent wishing to relocate must provide written notice of their intention to move at least 90 days prior to the intended relocation. This rule applies to both in-state and out-of-state moves. The purpose of this requirement is to give the non-relocating parent sufficient time to object to the relocation if they believe it will negatively impact the child or their relationship with the child.

There are, however, some exceptions to this rule. If the parent needs to relocate suddenly due to reasons like a job offer or family emergency and giving 90 days’ notice is impossible, they may be able to request a waiver of the notice period. In such cases, the relocating parent must demonstrate why the shorter notice period is necessary. 

It is also important to keep in mind that any terms of the parties’ custody order that are different from the statutory language regarding relocation will generally prevail. 

The Child’s Best Interests

One of the most important factors in a parental relocation case is whether the move serves the best interests of the child. In any dispute regarding relocation, Maryland courts seek to prioritize the child’s well-being above all else.

When determining whether a relocation is in the child’s best interests, the court will consider several factors:

The Reason for the Relocation – A move motivated by a job opportunity, financial stability, or family support might be seen more favorably than a move without a clear purpose.

The Child’s Relationship with Each Parent – The court will evaluate the current custody arrangement and whether the move will significantly disrupt the child’s relationship with the non-relocating parent. Maintaining a meaningful relationship with both parents is a priority.

The Child’s Age and Needs – The age, developmental needs, and preferences of the child (if they are old enough to express a reasoned opinion) are considered. A move that offers the child greater stability, educational opportunities, or emotional support might be seen as beneficial.

Impact on the Child’s Education and Social Life – The court may be less inclined to approve the relocation if the move will negatively affect the child’s schooling, extracurricular activities, or social life.

The Feasibility of Maintaining Visitation – The court considers whether the non-relocating parent can still maintain regular visitation or contact with the child. The move may be denied if it makes it impossible for the non-relocating parent to have meaningful contact with the child.

The History of Co-Parenting – If the relocating parent has a history of making decisions that undermine the other parent’s relationship with the child, the court may be skeptical about the move.

Modifying Custody Agreements Due to Relocation

If the court determines relocation is in the child’s best interest, it may modify the existing custody arrangement. This can involve adjusting visitation schedules or assigning travel responsibilities so that both parents can continue to play active roles in the child’s life.

For example, if a parent relocates out of state, the court may allow the child to spend summer vacations or extended holidays with the non-relocating parent. The cost of travel may also be divided between the parents or assigned to the relocating parent.

Objecting to a Parental Relocation

If the non-relocating parent opposes the move, they have the right to file an objection within the 90-day notification period, or whatever the terms of their custody order provide. It is possible your prior custody order may not include any language regarding relocating with the minor child. When an objection is filed, the court may schedule a hearing to determine whether the relocation will proceed or if the party seeking to move will have to wait for their merits hearing. During this hearing, both parents will have the opportunity to present their arguments and evidence about whether the move is in the child’s best interests.

The objecting parent must show how the relocation could harm the child or damage the parent-child relationship. For example, they may argue that the move will make it impossible for them to maintain regular visitation or that the child’s education and social connections will be negatively impacted.

Relocating Without the Court’s Permission

In most cases, it is important for a parent to never relocate with their child without the permission of the other parent, giving proper notice or obtaining court approval. Failing to follow legal procedures can result in severe consequences, including being held in contempt of court or losing custody rights. The parent who relocated may also be required to return the child to their original location until the court has made a final decision.

Seeking Legal Assistance for Parental Relocation

Navigating the legal landscape of parental relocation can be challenging, especially when custody agreements are involved. Having an experienced family law attorney is vital to protecting your parental rights and your child’s best interests.

Contact Us Today

If you are considering relocating or opposing a relocation in Maryland, seeking legal guidance early in the process can make all the difference. At Rodier Family Law in Bel Air, Maryland, we specialize in helping parents understand their rights and obligations in parental relocation cases. 

We will work closely with you to prepare a compelling case, whether you are the relocating parent or objecting to the move. Contact us today for a consultation.