Can a Non-Custodial Parent Relocate in Maryland? Everything You Need to Know

If you’re a non-custodial parent thinking about moving (whether it’s across town or across state lines), you might feel caught between your own life and your child’s stability. In Maryland, parental relocation can bring up complicated emotions and legal issues. Significant changes like a big move may impact parental rights, timing, and the best interests of your child. If you’re facing this major life decision, you likely need the help of an experienced family law attorney who can make sure that you’re meeting all of the legal requirements–before you start to pack your bags.

Who needs to give notice before relocating with a child?

If you’re a parent planning to relocate your child’s residence, you must give written notice to the other parent and the court at least 90 days in advance. A move of more than 50 miles or one that significantly affects visitation typically triggers this requirement through parenting agreements.

Be ready to provide the following information in your notice:

• Your new address and phone number
• Your reason for the move (such as your job or family support)
• Proposed parenting plan modifications for after the move

If you don’t provide proper and timely notice, the court may deny your relocation request. In some cases, courts may even hold you in contempt. Although rare, if you willfully violate a custody order, you could even face criminal charges.

What if I can’t give 90 days’ notice?

Emergencies happen. Maryland courts understand that challenging circumstances (like sudden job transfers) can make it hard to give advanced notice. However, you should still notify your ex and the court as soon as possible and explain your circumstances in writing.

Sometimes, courts may waive the 90-day rule. To secure such a waiver, you’ll need to show the following:

• A genuine emergency
• That you gave prompt notification as soon as was feasible
• The move supports the child’s best interests

Even when a waiver is granted, courts expect you to be cooperative and transparent.

What happens if the other parent objects within 20 days?

The court allows the other parent 20 days to object and file a petition after receiving notice. If your co-parent objects, the court will schedule a hearing to weigh whether to allow the relocation. The analysis will be based on the child’s best interests.

What factors does the court consider?

Maryland judges focus on your child’s well-being, not adult agendas. Expect evaluations on:

• The reason for relocation (job stability vs. retaliation)
• The strength of the child’s bond with both parents
• Age, maturity, and wishes of the child
• Impact on the child’s education, social life, and custody relationships
• Your ability to maintain meaningful contact after moving
• Any disruption or support in the child’s existing routine

Ultimately, the question is simple: Does this move support or harm your child?

Can I move to another location in Maryland without giving notice?

Technically, any relocation that significantly changes parenting time may require notice. That includes moves within the state. If your current custody order includes a relocation clause, you have to comply or petition the court for a modification before moving.

What if the other parent just takes off with the child?

That’s serious. Unapproved moves, even across county lines, can be seen as custodial interference. The non-relocating parent may file for emergency relief, seek contempt charges, or ask for a modification.

In extreme cases, actions violating custody orders may be misdemeanors or felonies, including fines and jail time.

Can you change custody after relocating?

Yes. Relocation may change the dynamics of your custody agreement in pretty significant ways. Either parent (or the court) can modify custody orders later to reflect new living situations, with the child’s best interests guiding alterations.

How should you prepare for a relocation hearing?

Preparation is important. You should:

• Compile documentation: job offers, housing plans, school options, etc.
• Show your willingness to maintain visitation: travel plans, Zoom, and holidays, for instance.
• Anticipate objection arguments: parenting disruption, child’s needs, financial hardship, and more.
• Offer alternative solutions: this might be a shared custody calendar or expanded summer visits.
• Be ready to show professional support: this can include statements from educators, health providers, or counselors.

Family lawyers can guide you in crafting the strongest case.

What if you’re the non-relocating parent?

You have rights, too. After receiving a relocation notice, you should:

• Object within 20 days
• Gather evidence that the move isn’t in your child’s best interests (emotional distress, academic upheaval, child testimony, etc.)
• Propose alternatives to the relocation (think supervised visits nearby or frequent travel)
• Try for an appropriate modification of custody if the relocation undercuts your parenting role and is detrimental to the child

Even if you don’t object to the move itself, you can still ask the court to modify or clarify the custody arrangement to preserve your parenting time.

What if you fail to respond?

You can’t stop the process by just ignoring a relocation notice. If you don’t respond, your inaction gives the court cause to grant the move by default. It’s important to note that granting the move, even by default, doesn’t take away your rights. Still, it can limit your ability to challenge the arrangement. You’d need extenuating circumstances that explain your lack of a response in order to reopen the case.

Can relocation cause the other parent to lose custody?

It depends. If your move makes meaningful visitation impossible, the court may modify custody, sometimes significantly, even awarding you primary custody, or enhancing virtual visits. However, these situations aren’t all that common, and they’re handled on a case-by-case basis.

How can family lawyers help?

Having an experienced legal professional on your side can make the entire process easier to deal with. Family lawyers can:

• Draft proper notices and petitions
• Find and show compelling supporting documentation
• Help you through mediation or hearings
• Frame your move within legal best-interest standards
• Negotiate new parenting plans post-move
• Challenge disputes over notice timing or motives

Relocation after a divorce changes more than your physical address. It changes your child’s world. Legal guidance makes sure it’s done thoughtfully and lawfully.

Key takeaways

• Give a 90-day notice if your move affects parenting time
• Be ready to explain the reason, maintain visitation, and serve your child’s best interest
• Object quickly if the other parent’s move is problematic
• Seek legal advice early to craft a notice, defend or build your relocation case, and preserve your parental role

Moving after divorce is a shift in your family’s life. And in Maryland, being thoughtful is legally required. With the right approach and expert support, relocation can be a secure transition, not a legal minefield.

Ready to talk to a family lawyer?

McCabe Russell’s Maryland family lawyers help parents work through tricky situations like relocation. Whether you’re planning to move or defending against relocation, we’re here to help. Contact us today for a confidential consultation.