Establishing child custody following a divorce requires the court to establish a plan for one or both parents that is in the best interest of the child. However, if one parent needs to relocate, the existing custody arrangement may no longer be viable.
Many courts will include a mandate to notify the other parent, the court, or both in the event that a move is necessary. In many cases, the custody arrangement will need to be modified to adjust to the new arrangement.
An experienced divorce attorney can help you understand relocation and child custody and how moving affects your existing agreements. More importantly, they can outline the available options to navigate an amended custody arrangement for your child.
Legal Framework and Requirements
In Maryland, the law mandates that the parent who intends to move must submit notice in writing to all individuals who have been granted visitation or custody rights.
This may include not only the other parent but also potentially grandparents or other parties. The notice must be provided at least 90 days in advance of the move, regardless of whether the relocation will take the child out of the state or in the same jurisdiction.
The other custody holders may contest the move within 20 days of receiving the written notification.
If so, the court will hold a hearing to determine an amended custody arrangement and may deny a relocation request if it deprives the other parent of their fair custody and visitation rights.
Factors Considered by Courts in Relocation Cases
When determining whether to accept or deny a relocation request, the court will consider numerous factors:
The best interest of the child – Any decision affecting a minor evaluates whether the minor is negatively impacted by the verdict.- Parental relationships – If the child has a negative relationship with the parent attempting the move, the court may reject the relocation to avoid the child being coerced into that situation. Similarly, if the child’s relationship with the non-moving parent is negative, they may approve the relocation to remove the child from that parent’s influence.
- Social impact – If relocation would deprive a child of appropriate opportunities for education, socialization, medical access, and overall well-being, the court may not approve the move.
- Domestic abuse – Courts will waive the requirement that a parent provide 90 days’ written notice of a move if doing so will put themselves or the child in danger, such as from an abusive custody holder.
Strategies for Addressing Relocation Issues
If a move is necessary, such as for employment, the relocating parent can increase their chances of success by approaching the custody rearrangement strategically.
First, consult with an attorney experienced in custody, visitation, and relocation hearings. An attorney will provide guidance, if applicable, to help you negotiate with the other parent to determine a new custody arrangement that is approved by both parties.
If a resolution cannot be reached, the attorney can provide insight about possible outcomes of attempting mediation or taking the issue to court.
If the custody challenge does necessitate a court hearing, it is important to present a compelling case that demonstrates your ability to properly provide for the child in the new location.
This should include a proposal for new visitation schedules or arrangements to show that you have the best interest of the child in mind and are not seeking to completely deprive the other parent of their right to see the child and make decisions about their upbringing.
If the child has strong ties to their local community, such as volunteerism or participation in school events, demonstrate how they could resume these activities in the new area as well.
Outline the advantages of the move for the child specifically, not just for the parent, and include potential alternatives such as frequent phone calls that will allow involved custodial parties to remain in consistent contact with the child.
Navigate Relocation and Custody Issues with a Legal Team
Relocating while under the guidance of an active custody or visitation arrangement can pose additional challenges, but moving is possible depending on the best interests of the child and the needs of the parent.
The best way to navigate this complex endeavor is under the guidance of an experienced family law attorney that understands the intricacies of custody law when relocation is necessary.
The divorce attorneys at Milstein Siegel can assist you with presenting a compelling case for relocation without threatening your right to custody. Contact Milstein Siegel to schedule a consultation to discuss your relocation and custody arrangement.