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Relocating with a child

On Behalf of | Oct 9, 2020 | Child Custody |

As is the case with parents across the country, a mom or dad in Maryland may find that he or she has to relocate. There are many good reasons for doing so. For example, a parent may receive a good job opportunity that will require a move, or an extended family member may need help.

Moving is difficult enough for any family. For parents who are subject to child custody or parenting time orders because of a divorce or paternity case, relocation presents some additional legal complications.

Maryland judges may require parents to give notice of a move

In the vast majority of cases, both parents have some right to see and develop a relationship with their children. A move can affect these rights, which is why the courts often get involved. Moreover, moves can also impact the best interests of the children involved.

Maryland has a law requiring which allows family court judges to require each parent to give 90 days of notice to the other parent before moving. It is ultimately up to the court to impose this requirement and to set up the details, including what information has to be in the notice.

The court’s order may also include certain other rules and exceptions, so it is important that parent wanting to move review it carefully. The law itself allows for exceptions, such as cases where one parent has been abusive toward either the child or the other parent.

The law also offers parents who break this rule a defense if they, practically speaking, could not have given the full 90 days of notice but provided it as soon as reasonably possible. Otherwise, a violation of the notice requirement can lead to the court’s imposing penalties on the parent who broke the rule. A court can also consider a violation as a factor in future custody decisions.

After receiving a notice, the other parent may need  to petition the court for any changes in custody or parenting time that he or she feels are necessary.