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Introduction: Maryland Law Allows Relocation (with Children) under Certain Conditions
The answer to the question posed by the title is “yes,” parents have the legal ability to relocate from one place to another and still retain their normal custody rights. This is the short answer, of course, as the full answer is quite a bit more complicated. Under Maryland law, parents are either a custodial parent (the parent with primary physical custody) or a noncustodial parent. In either case, whether a parent be either custodial or noncustodial, Maryland law requires that the relocating parent give sufficient notice to the other parent, and also fulfill other requirements. But, if the relocating parent satisfies all applicable requirements, the court will ordinarily grant the motion to relocate.
Let’s unpack the requirements for obtaining a relocation order in a bit of detail.
First Point: Relocation Requires a Substantial Purpose
Before we introduce the first point, or prong, of relocation under current Maryland law, let’s first lay out the fact that obtaining a relocation order from the court isn’t necessary under all circumstances. Consider, for instance, a “move” or relocation which only involves relocating over a very short distance – say, perhaps, 3 or 4 blocks, or well under a mile – in this situation, a relocation order almost certainly isn’t necessary, as it wouldn’t impact parenting time. But, if the move is sufficient, then the parent must obtain prior court approval in order not to disrupt the existing parenting time arrangement. Whether a given move is “sufficient” in this context all depends on whether the proposed relocation will impact the parenting time arrangement, and so it is a case-by-case matter.
Assuming that a proposed relocation is of a sufficient distance, the first key point to make about relocation under Maryland law is that a judge will ordinarily need to see a “substantial purpose” for the relocation. If a parent simply wants to move for strictly personal reasons, the judge may deny the proposal on that basis alone. But, if the parent’s relocation is based on another purpose – i.e. job change, family connections, better schools, etc. – then the purpose requirement may be satisfied.
Second Point: Relocations Must Comply with “Best Interests” Standard
The next point to make about relocation in Maryland is that proposed relocations must always be consistent with the “best interests” principle, the same principle which informs other custody related determinations. When the parent proposes his or her relocation, the court will ultimately look at various factors and determine whether the move is truly in the “best interests” the child. In some cases, a parent may truly believe that a given proposed relocation is in their child’s best interests, but the court may disagree. There may be any number of potentially valid reasons as to why a court may differ with a relocating party regarding the best interests of the children; this is why a careful, case-by-case analysis of all relevant facts is needed.
In the end, if the proposed relocation serves a legitimate substantial purpose, and is in the child’s best interests, and the relocating parent satisfies all other technical requirements (i.e. time, documentation, etc.), then the relocation order will usually be granted. This essentially means that the court officially recognizes the relocation and will not count the relocation as a violation of the current custody order. Of course, the parties themselves are also able to voluntarily participate in the process of adjusting the underlying custody order whenever such participation makes sense or is desired. In other words, even if a proposed relocation is approved, parents can still agree to certain alterations in the custody order and request that those alterations be integrated moving forward.
Currently, Maryland law requires that the moving parent provide the other parent with 90 days notice of the proposed move. As of 2023, Maryland altered its “mileage rule,” which means that certain proposed relocations are no longer given an expedited hearing.
Contact the Murphy Law Firm for More Information
Readers who want to know more about relocating to a new county, or outside the state, or about developing custody arrangements in general, or about modifying a custody order post-judgment, or any other related family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
