Relocating with children after a custody order in Maryland can present unique legal challenges. Parents must navigate specific legal requirements to ensure their move complies with existing custody arrangements. Whether you’re seeking to relocate or contesting a move, understanding the factors courts consider in these cases is crucial. Working with a Maryland child custody attorney can help clarify your rights and responsibilities throughout the process.

The Legal Requirements for Relocating with Children in Maryland

Maryland law generally requires that parents provide notice to the other party before relocating with their child. According to Md. Code, Fam. Law § 9-106, a parent may be required to give written notice at least 90 days before the intended move. Although not included in the statute, prior appellate decisions, such as Braun v. Headly, 131 Md. App. 588 (2000) and Domingues v. Johnson, 323 Md. 486 (1991), suggest that this notice should include sufficient information for the non-moving parent to consider, such as the new address, reasons for relocation, and a proposed modification to the custody schedule if applicable.

Failure to provide proper notice can have significant legal consequences, including potential modification of custody. Courts may view a failure to notify as an attempt to interfere with the other parent’s rights, which could negatively affect the relocating parent’s case. Consulting with an experienced attorney can help ensure compliance with these legal requirements.

Factors Maryland Courts Consider in Relocation Cases

When deciding whether to allow a parent to relocate with a child, Maryland courts evaluate what is in the child’s best interest. Key factors include:

• The potential impact on the child’s relationship with the non-relocating parent.
• Educational opportunities in the new location.
• The parent’s reasons for moving.
• Stability and continuity in the child’s life.

Parents should be prepared to present evidence demonstrating how the move will benefit the child. For example, showing access to better schools, extended family support, or economic opportunities may strengthen a relocation case. More detailed guidance on what circumstances warrant modification of custody can be found in our prior blog article on modification of custody in Maryland.

Responding to a Relocation Request

Non-relocating parents have the right to contest a proposed move. They may file a motion with the court to challenge the relocation. While the court cannot prevent a parent from moving, the court can rule that the relocation justifies a modification of custody in favor of the non-moving parent, if such a ruling would be in the best interests of the child.

If the non-relocating parent can demonstrate that the move is not in the child’s best interest, the court may alter custody arrangements. Maryland Rule 9-204.3 governs the procedures for requesting a modification of custody or visitation in response to relocation. Parents on either side of a relocation dispute should prepare a strong case, supported by evidence and legal arguments tailored to Maryland’s custody laws.

Conclusion

Relocating with children after a custody order is a complex legal process that requires careful planning and adherence to Maryland family law. Understanding your rights and obligations can make a significant difference in the outcome of your case. Whether you are seeking to relocate or contesting a move, consulting with an experienced Maryland custody attorney can help protect your parental rights and ensure the best possible outcome for your child. Have questions about your specific situation? Contact our office to learn more about how we can assist.

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