Tips for Custodial Parents Who Plan to Move Out-of-State

Published on
September 19, 2022
Written by
Angel Murphy
Category
Custody and Child Support

Just because co-parents finalize their divorce or custody arrangements and successfully develop a parenting plan doesn't mean they won't ever need to see a judge again. Depending on the circumstances, co-parents might need to revisit a Maryland courtroom for many reasons. One reason a co-parent may need to see a judge in Maryland is that that person wants to relocate with their child. When a custodial co-parent – i.e. the co-parent with primary physical custody – decides to relocate a substantial distance from the other parent who has access to the child, court approval is required unless the other noncustodial parent agrees. In this post, we're going to discuss a few tips for custodial parents who plan to move out of Maryland.

Determine if Court Approval is Required

The first thing that any custodial parent needs are if the court actually requires approval. Depending on the move's length, court approval might not be necessary. Unfortunately, there is no firm or bright-line rule regarding when a custodial parent needs court approval. Put another way; there is no minimum distance which requires approval. Maryland law requires approval whenever the move constitutes a "substantial change," but there is room for debate regarding the contours of their rule. On this point, parents will likely need to use their sense of what is reasonable. Maryland law shouldn't require approval if you're planning to move just a few minutes away. If you're moving several hours away, you can be sure that they will require approval.

Provide Adequate Notice to the Court / Noncustodial Parent

A custodial parent should next know that the court requires notice. The custodial parent should provide at least 90 days' notice before the proposed relocation. The custodial parent should give notice to both the court and the noncustodial parent. In rare instances, the court may waive this notice requirement in an emergency move situation. Still, typically this only happens when the relocating parent can show that providing notice would bring about danger to either the child or the relocating parent. In other cases, the court may allow less than 90 days' notice, but typically only when this is unavoidable.

Be Alert: Judges Always Rule in Favor of the Child's Best Interests

Perhaps the most critical tip for custodial parents seeking to relocate out-of-state is that judges will always rule in favor of the child's best interests. The relocating parent must prepare to demonstrate how the proposed relocation harmonizes with this standard. When making this determination, judges will consider a whole host of factors – just as is the case in all other situations in which they will use the best interests of the child standard. So, a judge will consider the relationship of each parent with the child, each parent's financial situation, history of domestic violence or abuse, each parent's emotional condition, the wishes of the child (whenever possible), and so forth. Custodial parents must show why this proposed relocation is in the child's best interests, which won't necessarily be easy.

Use Prior Cases to Inform Your Decision-Making

Before relocating, a custodial parent should study prior relocation cases to understand how these determinations are made. Reading past cases will help you understand how the best interests of the child standard are interpreted  by the court. In turn, this can give a custodial parent a fairly good sense of their likelihood of success.

Contact the Murphy Law Firm for More Information

If you'd like to know more, reach out to one of the professionals at the Murphy Law Firm today by calling 240-493-9116.

Angel Murphy

Personable. Passionate. Persistent.

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