Relocation and Move-Away Custody Cases

Relocation is among the hardest questions in family law, because there is often no arrangement that gives both parents what they had. One parent has a genuine reason to move. The other stands to lose regular contact. The court has to choose.

Give notice, and do not move first

A parent subject to a custody order generally cannot simply relocate with the child. Orders and agreements commonly require advance written notice to the other parent, and Maryland practice expects the issue to be raised before the move rather than after.

Moving first and seeking permission later is the single most damaging thing a parent can do in one of these cases. It reframes the question from whether the move is in the child’s interest to whether the moving parent respects the other parent’s role, and courts have the power to order a child returned.

What the court is deciding

The standard remains the best interests of the child. In a relocation case the considerations that carry the most weight tend to be:

• The reason for the move. A job, remarriage, family support or a genuine improvement in circumstances reads very differently from a move whose effect is to reduce the other parent’s contact.
• The reason for the objection. Courts distinguish a parent who is genuinely involved from one who has not exercised the access they already have.
• The child’s ties to school, community, extended family and activities in the current location.
• Whether a workable schedule survives the move. Distance changes what is possible; a few hours’ drive is a different case from a cross-country move.
• The effect on the child’s relationship with the non-moving parent, and whether the moving parent will support it.

Build the alternative schedule before the hearing

The moving parent who arrives with a concrete, generous proposal for preserving the other parent’s relationship is in a far stronger position than one who arrives with only a reason to leave. That means specifics: extended summers and school breaks, a realistic travel plan including who pays, and regular video contact.

The objecting parent’s strongest case is usually built on their actual record of involvement, documented rather than asserted.

Relocation is a modification

A relocation request is a request to change the existing arrangement, so it runs through the material change in circumstances framework. See modification of custody.

Related

• Custody factors
• Parenting plans and visitation
• How a schedule change affects support

Official resources

• Maryland Parenting Plan Tool
• Maryland People’s Law Library, child custody

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.