If parents divorce and have a child custody agreement in place, they may not know what will happen if one of them wants to relocate with the children. In Maryland, there are requirements parents should be aware of.
Notice
In any custody or visitation proceeding, the court can issue a requirement in the child custody order pertaining to relocation. The court can require the parent to provide advanced written notice to the court and the other parent at least 90 days before he or she intends to move a permanent residence. This applies to moves either within or outside of the state.
If the court requires that the notice is provided to the other parent, notice that is sent by certified mail with a return receipt requested will meet that requirement, as long as it is sent to the last known address of the other parent.
Petition
Once the notice is provided, the parent has to file the petition within 20 days. Then, the court will hold a hearing to determine whether it will accept the relocation. The court may consider several factors in making its decision, including the best interests of the children.
Sometimes a parent has a circumstance that requires him or her to move before the 90-day notice. In those situations, the court may consider whether the relocation was due to a financial issue or other significant concern and whether the notice was given within a reasonable time after the parent learned that it was necessary to relocate.
It’s important that the relocation process is completed correctly and that it complies with the court’s rules. An experienced attorney can help parents with this issue and related child custody matters.