What You Should Know About Maryland’s New Child Relocation Law and Out-of-State Moves

Even though your parenting agreement is black-and-white, life rarely is. It isn’t uncommon to find yourself in a position that requires you to move out of state, but how this affects your custody agreement depends on several factors. Maryland courts make decisions about relocation requests based on how it will impact the child and the rhythm of the parenting schedule that is already in place.

Many custodial parents believe that they have the freedom to move whenever and wherever they like. This assumption causes more legal trouble than almost anything else in custody law. Maryland courts view relocation through the lens of how it impacts the child’s relationship with both parents. Knowing what to expect and what to do if you need to relocate can help save time and reduce stress on you, your child, and your child’s other parent.

Maryland’s child relocation laws

Although there have been few changes to Maryland’s child relocation laws, court law has shifted towards earlier intervention in these matters and clearer expectations on notice and objections. Under Maryland Family Law § 9-106, a parent who plans to relocate with a child in a way that would materially affect the other parent’s access to the child must generally provide written notice at least 90 days before the move, when reasonably possible. The court expects to be notified regardless of whether or not the moving parent is also the custodial parent.

Maryland courts generally prefer relocation issues to be resolved before a parent moves with the child. The relocating parent must provide written notice to the other parent. If the other parent objects, the issue may then be brought before the court for review. This nuance has caught many parents off-guard who think they are complying by simply notifying the other parent.

Custodial parents are still limited by court orders

Having primary custody of a child does not eliminate the other parent’s rights. The ultimate purpose of a custody order is to provide structure and stability to the child’s life. When a pending move threatens that stability, the court sees it as a legal issue, not a logistics issue.

Legal issues arise when a move will dramatically change the structure of a child’s life. For instance, if a child will have to change schools, social clubs, or miss mid-week visits with their other parent. When dealing with out-of-state moves, these important events are almost always going to change. For this reason, the court must decide if the move will change the custody agreement in a way that will be detrimental to the child. Ultimately, the court expects to see transparency and planning from the relocating parent.

The importance of notice

Maryland courts require notice when a pending move would significantly impact the parenting time outlined in the custody agreement. Formal notice is never a text message or a casual conversation. Written notice gives the other parent and the court a clear date upon which it was made. It also provides the time frame for how the court will handle objections to the notice.

If the other parent objects, the court can move quickly. Emergency motions are common in these types of cases, particularly when one parent feels that a relocation will negatively impact their relationship with the child.

What happens when the other parent objects

If the non-moving parent objects, the court will need to determine whether the moving parent should be allowed to relocate with the child at all. Judges look very closely at how the pending move would affect the child’s daily life and their ongoing relationship with the non-moving parent. They’ll consider things such as how communication will continue between the non-moving parent and child, how parenting time will change, and whether or not a new parenting schedule is realistic. For instance, it would be virtually impossible for a parent to have weekend custody of a child who lived on the opposite side of the country.

Courts evaluate relocation requests based on the child’s best interests, and the relocating parent typically must present evidence explaining how the move would benefit the child and maintain the child’s relationship with the other parent. This will include how the child’s life will be positively impacted by the move, and provide detailed plans of how the child will continue a meaningful relationship with the non-moving parent.

The issue with out-of-state moves

Maryland typically retains authority over custody orders, but if one parent moves out-of-state, issues of enforcement and modification may arise. Crossing state lines can become permanent, and a judge will consider that when deciding whether a parent can relocate their child out-of-state.

Importantly, if the court decides that the custodial parent cannot relocate the child out-of-state, the non-moving parent does not automatically become the custodial parent. In Domingues v. Johnson, the appellate court decided that just because the custodial parent wanted to relocate, the trial court shouldn’t have automatically changed custody to the non-moving parent. This case law still governs how custodial and non-custodial parents are treated today in out-of-state move scenarios.

Legal advice matters

When a relocation issue reaches the court, parents often feel threatened and on the defensive. Naturally, emotions run high when one or both parents feel that there is a danger to their ability to see, communicate with, and spend time with their child. Situations that could have been resolved calmly may feel more intense.

Having early legal guidance can change the course of a relocation. Understanding how Maryland courts approach relocation law helps both parents set realistic expectations and make informed decisions before taking steps that could be difficult to undo.

At McCabe Russell Divorce and Child Custody Lawyers, our team of compassionate attorneys understands how emotionally charged these cases can be. Our goal is to protect the child’s stability while helping parents through the entire process of a relocation matter. We understand how Maryland courts view relocation, and how they expect parents to notify and respond to objections. Our desire is to help parents feel supported and confident, regardless of whether they are the ones relocating or not.

Ultimately, relocation changes how a family functions from day to day. Knowing how the law applies to relocating under a custody agreement can make all the difference in how those changes unfold. Contact McCabe Russell Divorce and Child Custody Lawyers today to learn how we can help.