When a couple divorces, the divorce process tends to place a certain amount of stress on the parties involved. When a couple divorces with children, the stress involved in the process is usually amplified many times over. Children and parenthood complicate the divorce process in myriad ways. Even after the divorce is finished, issues related to children and parenthood can continue to show up. One of those recurring issues is relocation. Every so often, a parent who has primary custody of the children wishes to relocate, either out-of-state, or to another location within the state. This type of situation raises several important concerns. One major concern is the ability of the other, non-relocating parent to continue regular contact with the children after the relocation.
In this post, we’re going to answer the basic question: under what circumstances can a parent move away with the children?
The first thing to know about relocation is that a parent can only relocate with the children with the consent of the non-relocating parent, or with court approval. A parent cannot simply pack up and move away in a unilateral fashion. This is true even if the parent has a compelling reason to do so, such as a job opportunity.
The first hurdle that a relocating parent needs to overcome is the notice requirement to both the other parent and the court. In Maryland, this notice requirement is 90 days before the proposed date of relocation. Maryland courts recognize that there can be extenuating circumstances which make it difficult to comply with this requirement. If, for instance, the relocating parent can show that complying with the notice requirement would expose either the parent or the child to danger, then the court may waive the requirement. Furthermore, if the parent can show that he or she is simply unable to comply with the requirement for whatever reason (i.e. finances, timing of a job offer, etc.), then the court may also waive the requirement or adjust it accordingly.
The notice to the other parent should be sent via certified mail. If the non-relocating parent agrees to the move, then no hearing on the proposed relocation is necessary. However, the parents must develop a new custody agreement and submit to the court if the current access arrangement cannot be continued. If, however, the other parent contests the relocation, then a hearing will occur. The other parent has 20 days following receipt of the notice to contest the relocation and request a hearing. The hearing on a proposed relocation is similar to other child custody related hearings. Each parent will have the ability to present their case as to why the relocation should or should not be granted.
When Maryland judges review the original child custody and visitation agreements, they will review those agreements and make determinations based on the best interests of the child. Maryland judges use this same principle when making determinations regarding relocation. If a proposed relocation will cause a parental relationship to suffer such that the child’s best interests would be served by disallowing the move, then the judge will disallow the move. If, however, there is no reason to think that the relocation will negatively affect the child’s wellbeing, then the relocation will likely be allowed.
Everything is ultimately decided on a case-by-case basis, but the “best interests of the child” principle always reigns supreme. Here are a few factors which have been known to carry weight in these analyses:
Any factor which impacts the child’s wellbeing will ultimately be taken into account.
Proposed relocation is always a difficult topic. Hopefully, this sheds a bit of light on this important matter. For more information, please contact Z Family Law by calling 301-388-5528.