Maryland Child Relocation Laws

When a custodial parent wants to move far enough away from their co-parent that child visitation becomes difficult or impossible, what recourse does the non-moving parent have?  While parents may have personal agendas for moving or trying to keep another parent from relocating, the court ultimately bases its decision about a proposed move on the best interest of the child.

The following is an overview of Maryland’s child relocation laws, including the state’s best interest standard for child custody orders and the legal requirements for a child custody modification.  If you need case-specific advice, seek the assistance of an experienced Maryland child custody attorney. 

Providing Notice to the Court and the Co-Parent

Parents may relocate with the permission of their co-parent or a court order.  Getting permission or a court order starts with providing written notice to both the court and the co-parent of any intended move at least ninety days before relocation.  

Notice typically includes:

• The new address;
• The new phone number; and
• The reason for the move.

The relocating parent must send the co-parent notice by certified mail, return receipt requested.  There are exceptions to these notice requirements when:

• Providing notice of relocation would expose the moving parent or their child to abuse;
• Financial reasons necessitate a shorter notice; and
• There are other extenuating circumstances.

Where there are extenuating circumstances, the court will ask the relocating parent to provide as much notice as possible.

The Co-Parent May Agree or Object to the Proposed Move

Once the co-parent receives notice of the proposed move, they have twenty days to agree or object to the move.  If they agree, the co-parent may submit any written terms of a relocation agreement to the court.  Otherwise, the co-parent must file a petition with the court objecting to the move.

Upon receiving the petition, the court will set an expedited hearing date to listen to testimony and review evidence from both parents.  

The Best Interest of the Child 

The court will only permit a relocation if it is deemed to be in the best interest of the child.  

The following factors are used by the court when determining the best interest of the child in a relocation matter:  

• The age of the child;
• The gender of the child;
• The physical and mental health of the child;
• The emotional stability of the child;
• The physical, mental, and emotional fitness of each parent;
• The character and reputation of each parent;
• The child’s preferences and desires, if they are old enough and capable of making such decisions;
• The court proposed distance and its effect on child visitation; and 
• Benefits the move will have on the child.

The court will weigh the positive aspects of the proposed relocation against any decreased or substantially modified visitation with the co-parent to decide if moving is in the best interest of the child.  

Moving Without the Court’s Permission 

A custodial parent who relocates without an order from the court or an agreed order could face severe criminal penalties, including jail time and fines.  They could also lose custody of any minor children to their co-parent due to their actions.

What is child relocation in Maryland?

Child relocation refers to a custodial parent moving with the child to a new residence, which can be within Maryland or to another state. This move can impact the existing custody arrangement and visitation schedule.

Do I need to notify the other parent if I want to relocate with my child?

Yes, you must provide written notice to the other parent and any other individuals entitled to visitation or custody rights. The notice should include details such as the intended move, reasons for the relocation, and a proposed revised custody schedule1.

How much notice do I need to give?

You need to give at least 90 days’ notice before the intended move. The notice should be sent by certified mail with return receipt requested to the other parent’s last known address.

What happens if the other parent objects to the relocation?

If the other parent objects, they must petition the court within a specified timeframe. The court will then assess whether the proposed relocation is in the child’s best interests.

What factors does the court consider in relocation cases?

The court considers several factors, including the child’s relationship with both parents, educational opportunities, the reasons for the move, and the impact on the child’s overall well-being.

Can the court deny the relocation request?

Yes, the court can deny the relocation request if it determines that the move is not in the child’s best interests.

What should I do if I want to relocate with my child?

It’s a good idea to consult with a legal professional to understand your rights and obligations. They can help you navigate the legal requirements and prepare the necessary documentation.

Contact Our Experienced Maryland Child Relocation Attorney Today

If you are considering moving with your child or have received notice of a proposed move, contact our experienced  Maryland child relocation attorney of Shah & Kishore at (301) 315-0001.  Maryland has specific laws that must be followed before a custodial parent can move within the state or outside of its borders.  

It is vital you know and exercise your rights to be with your child, whether you are the moving parent or co-parent with visitation.  Act quickly as time is of the essence in relocation cases.  Contact a skilled attorney at Shah & Kishore to schedule your consultation today.

(Updated 11/14/2024)