Relocating to a new home can be an exciting time for families, but when it comes to child custody arrangements, moving can introduce complexities. Whether you’re the parent looking to move or the parent staying, it’s important to understand how relocating impacts custody in Maryland.
Maryland’s Custody Laws and Relocation
In Maryland, custody arrangements are designed to prioritize the best interests of the child. Any decision to relocate must consider how it will affect the child’s well-being, emotional stability, and relationship with both parents. The key question in most relocation cases is: How will the move impact the child’s established routine and relationships?
Types of Custody in Maryland
Before diving into the effects of relocation, it’s important to understand Maryland’s types of custody:
1. Legal custody: This gives a parent the authority to make important decisions about the child’s upbringing, including education, health care, and religious instruction.
2. Physical custody: Physical custody refers to the time-sharing arrangement between parents. This also determines with whom the child will primarily live.
Custody can either be sole (one parent) or joint (shared between both parents). When relocation becomes a possibility, the court will consider how it affects both legal and physical custody.
Relocating with a Child: The Legal Process
If you are a custodial parent considering relocation, Maryland law requires you to notify the other parent well in advance of the move. According to Maryland Rule 9-204.1, a parent must give 90 days’ notice of their intent to relocate, unless there is an emergency or other extenuating circumstances. This notice allows the other parent to contest the move in court if they believe it is not in the child’s best interests.
Contesting a Relocation
If the non-relocating parent disagrees with the move, they have the right to file an objection with the court. This can result in a hearing where both parents present their arguments, and a judge will decide based on the child’s best interests. The court will consider:
- Distance of the move: Will the relocation significantly disrupt the child’s life? Is the move out-of-state or across the country?
- Impact on the child’s education and social life: Will the move require the child to change schools? How will it affect their friendships and community ties?
- Parenting time: How will the move affect the non-relocating parent’s visitation and relationship with the child? Will it make it harder for them to maintain regular contact?
The Best Interests of the Child Standard
In any relocation case, Maryland courts will always look at the situation through the lens of the “best interests of the child.” Some factors they consider include:
- The child’s age and emotional needs: Stability is important for children, and significant changes like relocation can be emotionally challenging.
- The relationship between the child and both parents: If the child has a strong bond with the non-relocating parent, the court may be less likely to approve the move.
- Parent’s reasons for relocating: A move for better job opportunities, family support, or a safer living environment might weigh in favor of relocation, while a move solely to distance the child from the other parent may be seen negatively.
Modifying Custody Arrangements After Relocation
If the court allows the relocation, the existing custody agreement may need to be modified to accommodate the changes. For instance:
- New visitation schedule: The court may create a new schedule that allows the non-relocating parent to have extended visitation during holidays or summer breaks to make up for the lost time.
- Transportation logistics: The court may also decide how transportation costs for visitation will be shared, especially if the move creates a significant distance between the parents.
On the other hand, if the court denies the relocation request, the parent may be faced with a difficult decision: either stay in Maryland or potentially lose physical custody of the child if they move anyway.
It’s crucial to seek legal advice before making any decisions to relocate, especially if there is an existing custody order in place. A family law attorney at Jacobson Family Law can help navigate the complexities, represent your interests in court, and ensure that the child’s best interests are protected. Contact Jacobson Family Law at 443-741-1147 to discuss your situation in detail with an experienced Maryland Divorce Attorney, or book your appointment online.
