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. When there are minor children who are the subject of a custody order, it is not quite as simple as packing your bags and hitting the road.

To legally relocate with a child who is the subject of a custody order, the person wishing to relocate must take some steps to ensure that they are not disobeying their custody order. Are you or your child’s other parent planning to relocate?

Our Maryland family law attorney at Shah & Kishore can help you through the legal process to ensure that any move involving your child is in their best interest.

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

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, a relocation of one parent will be a substantial and material change in circumstances that will affect the welfare of the child.

The party who wants to modify the existing custody arrangement must show the court that the existing 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 to determine 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 is in conflict with the interest of the parents.

How a Child Relocation Lawyer Can Help You

Whether you are proposing or opposing the relocation, you must provide evidence to convince the court that your position is in the best interest of the child. Doing this may require the testimony of, teachers, caretakers, and other professionals who can give evidence as to any effects the move will have on the child.

Our Maryland child custody lawyer understand the law and can articulate your position, and present evidence to persuade the court that your position is in the best interest of the child.

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 offer a free consultation and we get back to you as soon as possible. Contact us online to schedule a free consultation of your case. 

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