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Introduction: Relocation is a Common Custody Related Issue
America is a highly mobile society, and the State of Maryland is not an exception to this trend. Some sources indicate that, on average, Americans tend to move multiple times per decade, which is quite an astonishing statistic in many ways. With all this moving going on, custody arrangements are bound to be disrupted at one point or another, as many movers have children. Relocation is a common issue faced by parents: it’s quite common for parents to relocate for various reasons, including job offers, family connections, or simply a change of scenery.
When a parent wishes to relocate, this obviously will have important ramifications on the entire custody arrangement. If the custodial parent – i.e. the parent who resides with the child for the majority of the time – chooses to move, this might put an undue burden on the noncustodial parent’s ability to maintain a quality relationship with the child. Furthermore, the relocation might also simply cause a decline the child’s overall situation, for any number of reasons. Hence, when a parent wishes to move, this proposed relocation needs to be formally inspected by a Maryland court. If a Maryland judges approves the relocation, then the parent can proceed as desired and the custody order will be modified accordingly.
Notice Requirements for Proposed Relocations
When a parent wishes to relocate, the first thing he or she needs to know for certain is what type of notice requirement applies. As a general matter, parents typically are required to give 90 days notice before the proposed move to the other parent, but this is just the “standard” or most common requirement. When a judge creates a given custody order, the judge may choose to customize the notice requirement in any way possible, and so the requirement can vary widely. This is true not just for the time requirement, but also the conditions which trigger giving notice at all; in other words, a judge may decide that only when a parent moves out-of-state does a notice requirement become necessary.
Furthermore, in certain situations, a judge may waive the notice requirement altogether, or lessen it substantially. This might happen if there is a history of domestic violence and the moving party is concerned about his or her safety.
Parents can also privately agree among themselves how much notice is required in a given situation. In fact, parents can privately agree on how all relocation related issues will be handled when they initially develop their parenting plan. Of course, parents often aren’t able to privately agree, and so courts ordinarily must be involved to settle disputes and develop workable solutions.
Custodial Parents vs. Noncustodial Parents
The parent who has physical custody for the majority of the time is referred to as the custodial parent, and the other parent is known as the noncustodial parent. Regardless of whether a custodial or noncustodial parent is contemplating a relocation, the relocating parent must provide notice and obtain approval. The reason is because, even if the relocating parent is the noncustodial parent, relocation can impose severe burdens when it comes to complying with an existing custody order. For example, if a noncustodial parent relocates a substantial distance away, and refuses to pay for travel expenses, this might create issues with visitation.
The Judicial Analysis for a Relocation Allowance
When a parent desires to move, and that move will have a substantial impact on compliance with a custody order, and the parties cannot privately agree on how the proposed move will be handled, courts need to step in and settle the dispute. When a move is considered immaterial – because the distance is not far enough – this is not considered to be a material change in circumstances, and so courts aren’t needed to alter the custody order. However, when a move is considered a material change in circumstances – and this determination is made on a case by case basis – then a judge will need to decide whether the proposed relocation is in the best interests of the child. There might be all sorts of factors considered in this analysis, including the child’s wishes, the child’s preexisting relationships, school systems, and so forth. If the proposed relocation is permitted, then the court will also make whatever alterations need to be made in the underlying custody order.
Contact the Murphy Law Firm for More Resources
If you would like more information on relocation issues, modifying custody orders, custody disputes generally, the divorce process generally, or any other Maryland family law issue, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-222-1187.
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