An existing custody order is binding on you and your co-parent until a judge changes it. If you or your co-parent wants to move and the move will disrupt the established custody and visitation schedule, you must have the judge’s approval.
Whether you are the parent hoping to move or the parent who stays in place, contact a Frederick relocation lawyer at Rolle & DeLorenzo. Our child custody attorneys can explain the legal requirements and advocate for your position.
Parents who live apart manage their relationships with their children according to a parenting plan approved by the court. When a parent’s relocation will require a change to the parenting plan, Maryland Family Code § 9-106 requires a parent seeking a relocation that requires modification of the custody order to notify the other parent and get their consent.
The parent who wants to move should begin a dialogue with the other parent as early in the process as possible. The couple will need to develop an alternative parenting plan that provides stability for the children despite the move and allows them to maintain a relationship with the parent who stays behind.
Our Frederick relocation attorneys can help parents negotiate an alternative parenting plan and submit it to the court for approval. The judge will review the modified plan to ensure it serves the children’s best interests and then issue it as an enforceable order.
If the parent staying behind objects to the move, the parent who wants to move must seek the court’s permission. They must submit a petition to the court with a copy to the other parent at least 90 days before the proposed move. A court may accept shorter notice if the parent can demonstrate that the move is necessary for financial reasons and they provided notice as soon as they learned they would have to relocate.
The other parent must notify the court of their objection within 20 days of receiving the notice. The court will schedule the matter for an expedited hearing where the parent who wants to move must demonstrate that relocation is in their children’s best interests. Both parents should have representation by a skilled Frederick attorney to present compelling arguments for or against relocation.
The parent who wants to move must present evidence showing that the children will experience the benefits of relocation that outweigh the disruption to their established routine. The parent’s arguments must be centered on the benefits to the children. If you are relocating to pursue a new relationship or better employment opportunities, you must show how these improvements in your life have a direct impact on your children and make up for the losses they will experience because of the move.
If you object to your children relocating with the other parent, you must demonstrate that your children are best served by staying in the area, even if it means a change in custody. Emphasizing their attachment to their school, community, and extended family in the area can persuade a judge that the children’s best interests are served by rejecting the request for relocation.
Whatever the judge’s decision, the court will issue a new custody order. A court-issued custody order is necessary to ensure that both parents can exercise and enforce their legal parental rights.
There are many legitimate reasons for a parent to wish to relocate, but they cannot do so without permission. A court’s focus will be on how the move affects the children and their relationship with the other parent. Whatever your goals, a Frederick relocation lawyer at Rolle & DeLorenzo can help. Get in touch today.
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