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how far can a parent move with joint custody in maryland

How Far Can a Parent Move With Joint Custody in Maryland?

Patrick Crawford | September 17, 2024

People move for many reasons. They might move to the next street over, across the country, or anywhere in between. Unfortunately, moving certain distances can be difficult if you share custody of a child in Maryland. So, how far can a parent move with joint custody in Maryland?

If you want to move and have joint custody, always consult an Annapolis child custody attorney before taking any steps.

How does the law in MD affect parent relocation?

If you are a divorced parent with joint custody in the state of Maryland you might feel like your options for relocation are somewhat limited. It is helpful to understand how the law in Maryland impacts parent relocation. In the best-case scenario, you and your co-parent will be able to come to an agreement outside of court.

If this isn’t the case, you will need to petition the court if you have joint custody and would like to move with your child. If the non-custodial parent opposes your request to move, they will need to petition as well, and then the courts will make a decision based on what they determine will be in the best interest of the children.

How far can a parent move with joint custody in Maryland?

Moving and changing addresses is a common occurrence, especially after a divorce. There is not a specific distance that a parent can move with joint custody. That said, the visitation or custody orders might include a requirement that parents give advance notice before they plan to move. Often, this means giving at least 90 days’ notice to both the other parent and the court. This typically applies to situations where the move:

  • Is within a significant distance either in or out of state
  • There is a relocation of the parent’s or child’s permanent residence
  • It will affect the parenting time schedule

This notice must be sent by certified mail to the other parent’s address. You will want to include the reasons for the move and a proposal for a revised custody schedule. It is best to discuss this with your child custody attorney.

How does the court take into account what the child needs?

When deciding to grant or deny the notice of a move, the court will always default to what is in the best interest of the child. To determine this, they will often take into consideration:

  • The ability of each of the parents to care for the child 
  • The age and physical health of the child
  • Educational opportunities in the new, proposed location
  • The emotional connection between the parents and the child
  • The ties that the child has to their community, home, and school
  • Any history of violence in the family
  • A history of substance abuse or unhealthy behavior from each parent

Steps to relocation with file joint custody in Maryland

To file for a relocation within Maryland or to another state when you have joint custody, it is best to work with an experienced child custody attorney from the Law Office of Patrick Crawford | Annapolis Family Law & Divorce Attorney, who can help guide you through the process.

This will typically involve drafting your proposal, and submitting this to both the other parent and to the court, if necessary. The other parent will have a chance to respond and submit their requests as well. If both parents are unable to agree on a new arrangement, the courts will decide based on what they believe is in the best interest of the child.

Call us at (410) 216-7905 or contact us online for a consultation today.

Patrick Crawford

Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.

Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.