When one parent wants to move out of state with their child, it can create serious concerns for the other parent, especially if both share custody. Whether for a job, family support or a fresh start, relocating with a child after a separation is not just a personal matter; it is a legal one.
Even if you have primary custody, you typically cannot simply pack up and go. Maryland law outlines specific steps you must follow before moving permanently. Below are some key points to keep in mind.
Legal requirements for relocation
Under Maryland Code, Family Law § 9-106, a parent who wants to move must give written notice at least 90 days before relocating. This applies to moves both in and out of state. The notice must be sent to the other parent and the court by certified mail and must include the reason for the move, the new address, and a proposed new visitation schedule.
If the other parent objects, they have 20 days to file a response. The court will then hold a hearing to decide whether the move is in the child’s best interests.
Legitimate and illegitimate reasons for moving
Valid reasons for relocation may include:
- A new job offer
- Access to better education
- Being closer to extended family
Illegitimate reasons might include:
- Trying to cut the other parent out
- Avoiding court orders
The child’s best interests are always the priority. The court examines the child’s emotional needs, physical health and education. It also considers the bond between the child and each parent. Finally, it reviews whether the move would allow the child to maintain regular contact with the other parent.
A parent who relocates with their child without proper notice and approval may face serious legal consequences, including a change in custody. Whether you are contemplating a move or want to object to your co-parent’s move, it can be beneficial to seek legal guidance.