Can I Move Out of State With My Kids After a Divorce?

When parents separate or divorce, questions surrounding child custody are among the most contentious and legally complex. While every individual in the United States holds the constitutional right to move freely between states, that right becomes more limited when the move involves a child subject to a custody agreement.

If no formal custody order exists, both parents typically retain equal legal rights to the child. However, once a court has issued a custody determination, those rights become defined, and any relocation may trigger legal consequences.

A parent who moves a child across state lines without proper authorization may face accusations of custodial interference. Therefore, before initiating an out-of-state move with your child after divorce, it is advisable to consult with a family law attorney to help you interpret the terms of your custody agreement.

Read on to learn the rules and considerations surrounding post-divorce relocations and what to know before planning a move.

Key Takeaways:

• In Maryland, you must notify the other parent and possibly obtain court approval before moving out of state with your child after divorce.
• The court will consider the best interests of the child, including the impact on the child’s relationship with both parents.
• Moving without proper authorization can result in legal penalties and loss of custody rights.
• Consult a Maryland family law attorney before planning any move involving your child.

Common Mistakes to Avoid:

• Failing to review your existing custody order for relocation clauses.
• Moving without providing the required written notice to the other parent.
• Assuming you can relocate simply because you have primary custody.

How Can You Move Out of State After a Divorce If You Have a Child?

In Maryland, a parent who wishes to move out of state with a child after divorce must first determine whether the proposed relocation violates the existing custody order. The state’s legal framework treats relocation as a custody modification issue when the move could interfere with the other parent’s access or parenting time. Even if you have primary physical custody, the courts may require you to follow specific procedures before you can lawfully relocate a child after divorce.

Review the Existing Custody Order

The starting point is the custody order issued by the court at the time of divorce or separation. Custody orders often contain a relocation clause that requires the relocating parent to provide advance written notice to the other parent, usually 90 days before the intended move. This notice is mandatory regardless of whether the move is within Maryland or to another state. If the other parent objects to the relocation, they may file a petition with the court to challenge the move.

If no formal custody order is in place, both parents have equal custodial rights under Maryland law. This means that one parent cannot legally relocate the child without either the other parent’s consent or a court order. Attempting to move a child out of state without resolving custody through the court may trigger a legal dispute, possibly resulting in a custody order that limits or reverses parental rights.

To avoid future complications, your family law lawyer can help you file for custody before attempting the relocation. Doing so allows the court to establish a parenting plan that accounts for both parties’ rights and the child’s welfare.

Seeking Consent or Filing a Petition

If the custody order requires consent for relocation, the first option is to seek written agreement from the other parent. If both parties consent, the move can proceed more smoothly, although it is still advisable to file the agreement with the court to make it enforceable.

If the other parent does not give consent, the relocating parent must file a petition to modify custody in the circuit court that issued the original order. The court will evaluate whether the proposed move serves the best interests of the child, which is the guiding principle in all custody decisions.

Best Interests Standard

In assessing a relocation request, Maryland courts do not automatically favor the relocating parent, even if that parent has primary physical custody. Instead, judges evaluate how the move would affect the child’s emotional, physical, and developmental well-being. The “best interest” factors the court may consider include:

• Stability of the child’s current living situation
• The nature and strength of the relationship between the child and each parent
• Reasons for the proposed relocation, such as job opportunity, family support
• Potential impact on visitation and the feasibility of preserving the relationship with the non-relocating parent
• Educational, emotional, and social benefits or drawbacks of the move

The relocating parent bears the burden of demonstrating that the move is not only in their own interest but, more importantly, in the child’s best interests. Judges are especially cautious when the move would significantly reduce the child’s contact with the non-relocating parent.

Temporary Orders and Relocation Hearings

If time is a factor, for instance, due to a job transfer or family emergency, the parent may request a temporary relocation order while the court evaluates the case. However, such requests are granted sparingly and only when the court is convinced that immediate relocation would not harm the child.

The court may schedule a relocation hearing, where the parents can present evidence and testimony. The judge’s decision will modify the existing custody order, either granting or denying permission to relocate and adjusting parenting time accordingly.

How Can a Lawyer Help?

A family law attorney can provide indispensable guidance when a parent is considering relocating with a child after divorce. An attorney evaluates the existing custody order, identifies relocation restrictions, and ensures compliance with all statutory requirements, including notice deadlines. They can also draft formal notifications or consent agreements, minimizing the risk of procedural errors that could later be challenged in court.

In cases where the other parent contests the move, your family law lawyer can help prepare and file the necessary petition to modify custody. They will ensure that the court is presented with a factually grounded, legally sound case tailored to the best interests of the child standard.

Apart from procedural compliance, your attorney can help in framing the relocation request persuasively and realistically. This includes gathering evidence to support the move, anticipating opposing arguments, and crafting a parenting plan that addresses the court’s concerns about access, stability, and the child’s welfare.

Importantly, legal representation is key in contested cases, where stakes are high and the outcome may affect long-term custody rights. An attorney helps you interpret the law and protect the parents’ relationship with the child in the face of complex legal and emotional dynamics.

Consult Your Family Law Attorney 

Moving with children after a divorce can be complicated, whether you are the legal custodian or not. You and your ex-spouse might agree on some new conditions, but there will likely be details to work through. Regardless of how straightforward or challenging the discussion may be, it’s advisable to have an attorney by your side to represent your interests. Contact our family law lawyer at (301) 698-4875 as soon as possible to help you reach the custody arrangement you desire.