When a parent with an existing custody arrangement needs to relocate, the decision affects more than just their own life. In Howard County, moving with a child requires careful attention to Maryland’s relocation laws, which are designed to protect the child’s well-being and both parents’ rights. Whether you are considering a move across the state or to another county, understanding how relocation affects child custody arrangements in Howard County is essential to avoid legal complications.
This article covers Maryland’s relocation notice requirements, how courts evaluate relocation requests, potential modifications to custody arrangements, working with a family law professional, and the consequences of failing to follow proper procedures.
Maryland’s 90-Day Notice Requirement
Maryland law requires parents with custody orders to provide written notice before relocating. According to Maryland Family Law Code § 9-106, parents must give at least 90 days’ advance written notice to the court, the other parent, or both before moving. This requirement applies to relocations within Maryland or out of state.
The notice must be dispatched via certified mail with a request for return receipt to the last known address of the other parent. If either parent submits a petition concerning the proposed relocation within 20 days of receiving notice, the Circuit Court for Howard County will address the matter.
Courts may choose to waive the notice requirement if giving notice would put the child or either party at risk of abuse, or for other valid reasons. Additionally, if a parent must relocate within 90 days due to financial or other extenuating circumstances, this may serve as a defense to a violation claim.
How Courts Evaluate Relocation Requests
When a parent wants to relocate with a child, the court first decides if the move is a significant change in circumstances. Second, the court conducts a best interests analysis using factors outlined by Maryland’s People’s Law Library, including the child’s developmental needs, each parent’s ability to meet those needs, and the parents’ capacity to communicate and make joint decisions.
In cases involving child custody and relocation in Howard County, courts take into account the rationale behind the move, the relocating parent’s ability to preserve a meaningful relationship with the non-relocating parent, as well as the effect on the child’s stability, education, and connection to the community.
Modifications to Custody Arrangements
If the court approves a relocation, modifications to the existing custody arrangement are often necessary. The Howard County Circuit Court may adjust parenting time schedules to accommodate the distance between parents.
Instead of frequent short visits during the school year, the non-relocating parent might receive extended summer visitation, holiday time, and school break periods. In certain circumstances, the court may decide that modifying primary physical custody serves the child’s best interests. If the relocation would significantly disrupt the child’s life, the judge might award primary custody to the parent who is not moving.
Consequences of Unauthorized Relocation
Moving with a child without following proper notice procedures carries serious consequences. The court may consider the violation when determining any future child custody disputes in Howard County. Judges may modify custody orders due to unauthorized relocation, potentially transferring primary custody to the non-relocating parent.
Under the Maryland Child Abduction Prevention Act, which took effect in October 2023, failure to follow relocation procedures could lead to serious legal consequences. This law allows courts to impose abduction prevention measures when there is a credible risk that a parent might wrongfully remove or retain a child. Parents who relocate without obtaining court approval could be subject to contempt of court charges, fines, or other legal consequences.
An emergency hearing can be requested by the non-relocating parent, who can object if the other parent relocates with the child without approval.
Working With the Howard County Family Court System
Parents experiencing child custody relocation issues in Howard County should understand the resources available through the local court system. The Circuit Court for Howard County provides services to assist families, including court-approved mediators, parenting coordinators, and custody evaluators, when parents cannot reach agreements.
An experienced family law attorney can help you maneuver these processes with confidence.
Contact Milstein Siegel for Howard County Child Custody Matters
Relocation cases involve complex legal procedures and significant impacts on your family’s future. At Milstein Siegel, we understand how stressful these situations can be for parents and children alike. Our experienced family law attorneys help Maryland families address child custody matters in Howard County with the knowledge and advocacy they deserve.
We guide clients through the notice requirements, help prepare persuasive arguments for or against relocation, and represent parents in court when necessary. Whether you intend to move with your child or are contesting the other parent’s relocation, we will strive to safeguard your parental rights and prioritize your child’s best interests.
Don’t risk your custody arrangement by handling relocation matters on your own. Contact Milstein Siegel online or call (443) 230-4674 to schedule a consultation and discuss your options with a knowledgeable Maryland family law attorney who serves clients throughout Howard County.