Maryland Move Away & Child Relocation Attorney

After a divorce or separation, some people find that they need a change of location to get a fresh start.  However, for ex-spouses who share minor children, moving is more complicated than packing your bags and hitting the road.

To legally relocate with a child subject to a custody order, the move must be executed according to Maryland’s strict child relocation laws.  These laws require relocation to meet notification guidelines and be in your child’s best interest.

If you or your ex-spouse intends to move with your minor child, it is imperative to consult an experienced Montgomery County child relocation attorney to ensure your parental rights are protected throughout the notification and relocation process.  

Why Choose Shah & Kishore for Your Child Relocation Matter?

Choosing effective legal counsel for a child relocation matter can be challenging.  At Shah & Kishore, we are confident in our team and our representation.  

Our Montgomery County child relocation attorney, is:

  • Experienced and knowledgeable in all areas of child custody and relocation;
  • A trained mediator who uses his skills to resolve high-conflict custody disputes; and
  • Driven to provide cost-effective, realistic solutions to challenging family problems.

If you think that a planned relocation will affect the terms of your current child custody agreement, call Attorney Kishore today at (301) 315-0001 to schedule your complimentary consultation.

How an Experienced Child Relocation Attorney Can Help

As soon as you know of a proposed move, reach out to Shah & Kishore.  There are mandatory deadlines when requesting to relocate or objecting to a proposed move.  Our team will immediately start building a trial-ready case on your behalf and preparing all of your required court documents.

Your experienced child relocation attorney from Shah & Kishore will help you present your case for or against a proposed move in a calm, logical, and legally sound manner.  Whether this presentation is to your co-parent and their attorney to reach an agreement or before the court in litigation, you can rest assured your case will be presented in the best light possible.  

At Shah & Kishore, we are your advocates from the beginning of your relocation matter to the very end, including:

  • Ensuring you understand Maryland’s relocation laws and how they apply to your situation;
  • Verifying any move or objection to a move meets the court’s best interest of the child standard;
  • Meeting all statutory deadlines for hearings on objections and motions to modify custody; and
  • Finalizing your issues through the best dispute resolution process for you and your family, whether that is mediation, litigation, or another method.

Do not attempt to handle a child relocation case on your own.  Your child and time with them are much too valuable.  Call or contact Shah & Kishore now to schedule an appointment with a family law professional.

Can a Maryland Parent Move Out-of-State With Their Child After a Divorce?

Every person has a Constitutional right to move within the United States. The move could be to take up a new job opportunity, to be closer to family, or to start a new life after remarriage. Except in certain limited circumstances, Maryland law requires that either parent must provide written notice of at least 90 days to the other parent, the court, or both, before relocating by themselves, or with their child, within Maryland or out-of-state.

How Does the Court Decide Whether to Allow Relocation and Grant a Move-Away Order?

When one party has plans to relocate from Maryland, either party can initiate court proceedings to modify an existing custody arrangement. In some cases, the relocation of one parent will be a substantial and material change in circumstances that will affect the child’s welfare.

The party who wants to modify the existing custody arrangement must show the court that the current arrangement will no longer be workable with the planned relocation. Both parties must submit as much information as possible to the court to enable the court to decide on a new arrangement that will serve the child’s best interest.

The court’s first task is determining whether the move constitutes a substantial and material change in circumstances. A move to an adjacent zip code may not constitute a substantial and material change in circumstance; a move from Maryland to the West Coast, on the other hand, would be different.

Each party has the burden of convincing the court that their position is in the best interest of the child. Ultimately, the court must decide what is in the best interest of the child, even if it conflicts with the interest of the parents.

The Best Interest of the Child 

Both parents can present their case as to what is in the best interest of their child.  However, whether or not to allow a move is the court’s decision.  

The court considers the following factors when making its ruling:

  • Whether each parent is fit and adaptable enough to take care of the child;
  • The child’s wishes, if the child is old enough to express a mature opinion;
  • Each parent’s wishes;
  • The age, health, and gender of the child;
  • The child’s physical, spiritual, and moral well-being;
  • Whether the move is intended to interfere with the other parent’s visitation rights;
  • Whether the move has the effect of interfering with the other parent’s visitation rights;
  • The environment and surroundings where the child is being raised;
  • The character and reputation of the parents;
  • The quality of the child’s relationship with each parent;
  • Whether there’s any history of domestic violence or abuse;
  • Whether there’s a history of abandonment;
  • Whether the parents have any previous agreements about custody or visitation;
  • How the child will be influenced in each parent’s home; and
  • Any other factor bearing on the child’s best interests.

The court does not give preference to one parent over the other based on gender.

Contact a Child Relocation Lawyer at Shah & Kishore

If you have questions about relocation and how it affects your child custody or visitation rights, call us today at (301) 315-0001. Our Maryland family law attorney offers a free consultation, and we will get back to you as soon as possible. Contact us online to schedule a free consultation of your case.

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