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Moving after divorce: What ‘impracticable’ means for relocation

On Behalf of | Jan 7, 2026 | Child Custody |

Life changes quickly after a divorce, and you may eventually need to move for a new job or to be closer to family. As of Oct. 1, 2025, Maryland updated its custody laws to provide clearer rules on how these moves affect your legal arrangements.

Defining ‘impracticability’

Under the new law, a proposed move is legally recognized as a “material change in circumstances” if it makes your current custody schedule impracticable.

In legal terms, “impracticable” doesn’t mean impossible; it means the move makes the current schedule unreasonable or extremely difficult to maintain. For example:

  • Local moves: Moving to a neighboring town, such as Ellicott City, usually allows you to keep the same school and midweek visits, which typically isn’t “impracticable.”
  • Long-distance moves: Moving from Catonsville to Northern Virginia often creates unsustainable travel times. A move that adds hours of driving each week typically meets the threshold for seeking a modification.

Ultimately, the court considers the logistical realities of the commute to determine whether the existing arrangement remains workable for everyone involved.

How Maryland courts evaluate your move

Proving that a move is “impracticable” is only the first step. Once a judge determines that a move constitutes a material change, they evaluate whether a modification of the current order is necessary.

The law now sets out 16 specific factors the court may consider to determine what is in the “best interests of the child.” These include:

  • The child’s physical and emotional safety
  • The child’s age and emotional ties to each community
  • How travel time affects the child’s sleep, schoolwork and activities
  • The ability of both parents to maintain a meaningful relationship with the child

The court’s goal is to ensure the child remains connected to both parents, which often results in a restructured schedule, such as extended summer visits or adjusted holiday rotations, to offset the new distance.

Protecting your rights

Relocation is no longer a legal “gray area” in Maryland; the law now explicitly defines it as a reason for the court to review your custody order and determine whether a modification is necessary.

Because “impracticability” is still based on a judge’s discretion, it is essential to understand how local courts interpret these travel burdens. A skilled child custody attorney can help you present a clear case for what is truly best for your child.

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