Relocation and Child Custody 

We live in a highly mobile society. Research by the property management industry shows that 27 million people moved in 2021, and almost 20% of those moved from one state to another. For many divorced couples, it’s hard to manage legal and or physical custody of their minor child or children when they live in the same town, what with school schedules, sports schedules, religious events, overnights with friends, volunteer work, and the many other tasks and events that make up family life these days. What happens if you and your ex-spouse have a minor child with whom you share some kind of child custody, and one of you must, or desires, to relocate far away, or even out of state?

If you divorced in Maryland, you would have undergone a process with your spouse to determine legal and physical custody of your child or children. Legal Custody is the right to make significant decisions about your child’s upbringing, such as education, religious training, and healthcare. Legal custody can be sole or joint. Physical Custody involves the physical residence of the child as well as the time the child spends with each parent. In the case of sole physical custody, the child lives primarily with one parent, while shared physical custody requires each parent to have the child for at least 35% of the time. 

Maryland presumes that both mothers and fathers are natural custodians of their children, and does not have a bias toward the mother or the father. Instead, when making a custody determination, the courts evaluate the best interests of the child using a number of factors. Some of these factors include;

• The stability and foreseeable health and welfare of the child;
• The child’s relationship with each parent and any siblings, other relatives, or other “individuals who are or may become important in the child’s life”;
• The child’s developmental needs, including physical safety, emotional security, and cognitive growth;
• The child’s day-to-day needs, including education, socialization, and mental and physical health;
• The child’s age;
• The preference of the child, and
• The location of each parent’s home in relation to the child’s school and activities.

This is not an inclusive list, and other factors may be relevant in your particular situation.

What Happens When a Parent Decides to Relocate?

Couples who developed an amiable parenting plan and were well guided by their respective divorce attorneys may have agreed on the steps to take in the event of the relocation of one parent or the other. So the first step in the event of an impending relocation of one of the parents is to review your child custody order to see if there are any governing provisions. Custody or visitation orders in Maryland may include a requirement that parents give advance notice to the other parent, the court, or both, at least 90 days before they plan to move. The notice requirement may apply to:

• A relocation of the child’s or the parent’s permanent residence, and
• A move of any distance within or outside of the state.

The custody order may spell out precisely what should be included in the notice and whether it should be in a particular form. Regardless of those details, the moving parent must send the notice by certified mail with a return receipt requested to the other parent’s last known address. 

If a parent is planning to relocate a considerable distance away from the other parent, there is sure to be some adjustment in the parenting schedule. If the parents agree on how to make these adjustments, they would submit their Petition for Modification to the court to request a change in the current custody order. If the parents cannot agree, the court may order the parents to submit to mediation. 

Once a new parenting plan is agreed to, it may take a while to get a hearing and decision, but Maryland law does provide that proposed relocation hearings should be handled on an expedited basis. While the law does not say exactly how soon an “expedited” hearing must be scheduled, courts generally do prioritize these hearings in their calendar.

A custodial parent’s long-distance move with the child could have a negative effect on the child’s ability to maintain a close relationship with the noncustodial parent, particularly when that parent has taken an active role in the child’s life. So, as with any request for a change in custody, the judge will evaluate two factors. First, does the proposed move qualify as a material change in circumstances that would legally warrant a change? Maryland courts have found that some do, and some do not, based on the situation. And second, what is in the best interest of the child in either keeping the current custody agreement or ordering modifications? 

Based on the judge’s legal analysis, he or she could decide to alter the visitation schedule or to change the custodial parent. The decision is highly fact-specific in each individual case. It is also important to be aware that if you had an advance notice requirement for a relocation in your custody order and failed to meet it, the judge can take that into account in his or her deliberations on what is in the best interest of the child. 

Contact the Law Offices of Brandon Bernstein

Child custody issues can be difficult and emotional for the entire family. Particularly when the parents disagree on custody and visitation, it can take a toll on everyone. Here at the law offices of Brandon Bernstein, our lawyers help you resolve all of your family law issues with experience, knowledge, care, and concern for you and your family. 

If your current child custody arrangement or parenting plan is not working, either because of an impending relocation or for other reasons, we can help you obtain a modification. Whether your situation with your ex-spouse is collaborative or combative, we have strategies to achieve a solution that works for you. Contact us today for a free consultation.