How Parental Relocation In Maryland Can Spark Custody Disputes

Parental relocation is one of the most contentious issues in child custody cases. When one parent wishes to move to a different city, state, or even country, it can have significant implications for a current custody arrangement. Maryland law recognizes the importance of both parents in a child’s life. Therefore, Maryland courts place strict requirements on relocation that affect custody and visitation. If the non-relocating parent objects, a legal dispute may arise, requiring court intervention.

Maryland’s Legal Standards For Parental Relocation

Under Maryland Family Law § 9-106, a parent who intends to relocate must provide written notice to the other parent and the court at least 90 days before the move. This legal requirement allows both parents to discuss potential modifications to the custody arrangement. The law aims to balance the relocating parent’s rights with the child’s best interests and the non-relocating parent’s ability to maintain a meaningful relationship with their child.

If the non-relocating parent objects, they can file a motion requesting a hearing to determine whether the relocation should be allowed.

How The Court Determines The Best Interests Of The Child

Maryland courts use several factors to decide whether relocation should be permitted. Some of the most important considerations include:

• The Child’s Relationship With Each Parent – Courts evaluate the strength of the bond between the child and each parent. If the relocation would severely impact the child’s relationship with the non-relocating parent, the court may deny the move.
• The Reason For The Relocation – A parent must demonstrate that the move is being made in good faith. Valid reasons may include a new job opportunity, better educational resources, or improved living conditions.
• The Impact On The Child’s Well-Being And Education – The court will examine whether the relocation would improve or disrupt the child’s academic progress and emotional stability.
• The Ability To Maintain A Strong Relationship With The Non-Relocating Parent – Judges assess whether meaningful visitation arrangements can be established to maintain parental involvement.
• The Wishes Of The Child – If the child is old enough to express a preference, their opinion may carry weight in the court’s decision.

These factors are reviewed alongside any existing custody agreements, prior court orders, and parental fitness concerns.

Modifying Custody Arrangements Due To Relocation

If a parent successfully argues that relocation is in the best interests of the child, the existing custody arrangement might require modification. The court may alter:

• Physical Custody – If the relocating parent was the primary custodian, the court may shift primary custody to the non-relocating parent if the move is deemed harmful to the child’s stability.
• Visitation Schedules – The court may create a long-distance visitation schedule, including extended summer vacations and holiday visits.
• Decision-Making Authority – If the move creates logistical challenges, the court may adjust legal custody arrangements to determine which parent will have final decision-making power.

Steps A Parent Can Take When Facing A Relocation Dispute

If You Are The Relocating Parent

• Provide Proper Notice – Failing to give the required 90-day notice can weaken your case in court.
• Document The Benefits Of The Move – Gather evidence showing how the move will positively impact your child’s education, emotional well-being, and overall stability.
• Propose A New Visitation Plan – Showing a willingness to accommodate the non-relocating parent’s visitation rights can help demonstrate that you are acting in good faith.
• Speak With Our Firm – Relocation cases can be legally complex. Consulting our firm can help strengthen your case and address any legal obstacles.

If You The Non-Relocating Parent Are Opposing The Move

• File An Objection Immediately – If you believe the relocation will harm your relationship with your child, you should file an objection with the court as soon as you receive a modification filing from the other side.
• Demonstrate The Harm To The Child – Courts prioritize the best interests of the child. Provide evidence showing that the relocation would disrupt their education, emotional stability, or connection with their current community.
• Offer An Alternative Custody Plan – If relocation is approved, requesting primary custody or additional visitation time may help maintain your parental bond.
• Hire Our Family Law Attorney – An attorney can help argue your case persuasively in court and ensure that your parental rights are protected.

Relocation Frequently Asked Questions

What Happens If A Parent Moves Without Giving The Required 90-Day Notice?

A parent who relocates without following Maryland Code, Family Law § 9-106 can face legal penalties, including contempt of court. The court may order the parent to return with the child or modify custody arrangements in favor of the non-relocating parent.

Can A Relocating Parent Still Move If The Other Parent Objects?

Yes, but only with court approval. If the non-relocating parent files an objection, a hearing will be scheduled. The judge will decide whether the relocation is in the best interests of the child before granting or denying the request.

Can A Parent Move Within Maryland Without Court Permission?

It depends on the terms of the custody agreement. If the move significantly impacts the non-relocating parent’s ability to exercise custody or visitation rights, the relocating parent must still provide 90-day notice and may need court approval.

How Does Relocation Affect Child Support Payments?

Relocation does not automatically affect child support obligations. However, if the custodial arrangement changes, the court may recalculate child support based on the new custody schedule and each parent’s financial situation.

Can A Parent Relocate With A Child If They Have Sole Custody?

Even if a parent has sole physical custody, they must still follow Maryland’s relocation laws. The non-custodial parent has the right to contest the move if it interferes with their visitation schedule or parent-child relationship.

What If The Relocating Parent Claims The Move Is Temporary?

If a move is labeled temporary, it may still require court approval if it significantly impacts custody and visitation rights. The non-relocating parent can request a court order preventing the move if they believe it is an attempt to avoid custody laws.

Can A Parent Relocate If There Is No Existing Custody Order?

Without a court-ordered custody arrangement, either parent can technically relocate with the child. However, the non-relocating parent can file a petition for custody and request an emergency order to prevent the move.

Can Relocation Impact A Parent’s Decision-Making Authority?

Yes. If relocation significantly affects the ability of both parents to participate in major decisions regarding the child’s upbringing, the court may modify legal custody to grant more authority to the relocating parent.

Does A Child’s Preference Matter In A Relocation Case?

If the child is mature enough to express a reasoned preference, the court may consider their opinion when making a custody determination. However, the child’s wishes are only one factor among many.

Call Shah & Kishore For Your Free Consultation

If you are facing a parental relocation dispute in Maryland, protecting your parental rights and your child’s best interests is critical. At Shah & Kishore, we help parents navigate custody challenges and relocation disputes to secure favorable outcomes.

Contact our Maryland child custody law firm at (301) 315-0001 to arrange a consultation. Don’t forget to read the experiences of our many satisfied clients through their testimonials. We represent clients throughout Rockville and Montgomery County, Maryland. Let us help you protect your rights and your child’s future.