After divorce, custody rights in place for both fathers and mothers determine to what extent each parent may spend time with the child. However, if the mother decides to relocate, the arrangement previously in place for visitation and custody may no longer be attainable for the father.
A father’s rights allow him to have this injustice corrected to maintain his place in his child’s life. What legal steps the father should take will depend on how far the mother has moved or plans to move, or how far she is into the process of relocation.
Maintaining parental rights and access can include hiring an attorney, filing for modifications of custody or visitation orders, and using mediation to negotiate terms that protect the father’s relationship with the child. An attorney is not required for mediation, but should be a part of any agreements being reached.
Understanding the Laws for Parental Relocation in Maryland
Many (but not all) custody and visitation orders issued in the state of Maryland include a requirement that if a parent is planning to move, they must provide notification of this intent at least 90 days before they leave. Notification must be issued to either:
- The other parent
- The court
- Both the court and the non-moving parent
Frequently, such notification comes when a parent has purchased a house somewhere else in town; Maryland still requires notice, even when moves occur within the state.
However, moves outside of the state may trigger additional consideration from the court, because the distance introduced by the move can seriously threaten preexisting visitation and custody arrangements.
If one parent is moving away from another parent who is posing a threat to them or the child (e.g., physical abuse, stalking), they may have their requirement to notify waived. This is to protect the interest and safety of the minor and family.
A Father’s Rights Before and After Relocation
If a father receives notification that the other parent intends to move—or if they have already relocated without providing notification—a father’s parental rights remain the same.
The right to maintain access
Fathers have the right to continue to access their children on the schedule determined in the custody or visitation arrangement.
If this is no longer possible due to the relocation, the father does not have to accept this new outcome and can petition the court.
The right to file for modification
Fathers whose custody or visitation schedules will be impacted by a relocation have the right to petition the court for a modification of the order.
This may change how visitation is scheduled (such as having a child visit for longer at once or over summer break, versus short weekly visits), or it could require that the custody arrangement is changed entirely making the father the primary custodial parent.
In cases in which primary custody is awarded to the father (the non-moving parent), the court considers what is in the best interest of the child. This may include keeping them within the same community, school, or church as well as ensuring they are not separated from activities (such as extracurriculars) that are important to them.
The right to protection of their relationship with the child
A parent cannot move away in order to keep the father from seeing the child (unless they qualify for the waiver of notification due to the father’s abusive or dangerous behavior). Fathers have the right to have their relationship with their child protected and they must still be given access to their child.
If the court deems that the child can relocate with the other parent and physical visitation becomes too cumbersome (e.g., moving to another country), fathers still have the right to scheduled video or phone calls and other alternatives to preserve their relationship with their child.
The right to object to relocation
If the father is made aware of the relocation before it happens, he has the right to object to the relocation.
This includes potentially petitioning the court to uphold the existing custody or visitation arrangement, requiring the minor to remain local to the father. This cannot prevent the other parent from relocating, but it can stop the child from going with them.
Defend Your Fathers’ Rights During Relocation
If the mother of your child has relocated without informing you, or if she intends to and you believe this process interferes with your court-mandated visitation or custody rights, you have options. Seek legal assistance to defend your paternal rights and maintain the relationship with your child.
The attorneys at Milstein Siegel strive to preserve men’s rights during these challenging situations, regardless of whether the mother has already left with the child. Contact Milstein Siegel to schedule a consultation and safeguard your access to child and participation in their life.