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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 | January 20, 2025

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.

Contact Patrick Crawford for your case

Can You Move After Divorce in Maryland?

If the other parent wants to relocate, you can prevent it by making your case to the court and filing an opposition. You may be notified of the planned relocation as a parent with equal custody.

  • Here is what you should do when you get this notice:
  • Read the notice carefully: It should contain the intended date of relocation, the new address, and the cause of the relocation.
  • Object: If you object to the move, make a formal complaint to the court within the prescribed time frame.
  • Get ready for a hearing: The court will, therefore, fix a date to hear the matter and give a ruling on whether or not the relocation is in the child’s best interest. At this stage, you can demonstrate how the proposed move might be detrimental to your child or your custody of the child.

It is crucial to respond to request relocation by default.

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.

What to Do If the Other Parent Wants to Relocate

If the other parent wants to relocate, you can oppose it by presenting your case to the court and filing an objection.

You will be notified of the planned relocation as a parent with equal custody.

Here is what you should do carefully and when you move. should Object: 

  • Get to  court, therefore, the case notice: have the date within best of objections  to the relocation interest move 
  • When you’re ready to object on behalf of the child, you can file a complaint with the court. The hearing will determine whether your relocation request is approved, considering the child’s custody. It’s crucial to demonstrate how the proposed relocation will benefit the child within the set timeframe.

When Maryland Parents Must Give Notice of a Planned Move

In Maryland, if the other parent applies and wants the parent to change to and move the residence with the court, the written notice may notice children must move.

His impact includes, at a minimum, the requirement to provide a 90-day notice of the intended relocation, as stated by WomensLaw.org. The non-relocating parent must agree to the new custody arrangement and address any concerns before the move. This promotes transparency and equity. The relocation plan must be submitted to the Maryland Family Court, and any changes will be made within the specified date. Non-compliance with this law will result in legal consequences.

The section may opportunity the same. The 9-106 are reasons for the state to have instances of necessary voicing and require notice of the impact to custody on order—this court’s decision on relocation.

Exceptions to the Notice Requirement

In some cases, this includes cases of the move for 90-day employment, for instance, reasons for notice opportunities, such as residence, including requirements in the exemption.

Emergency safety may keep a parent from relocations: for no case can other than this instance be where to ask notice parent the is from for applicable. a requirement exception. must be cases, and some jobs may be exceptions. an opportunity for existing domestic parent informed

The problems arise from violence. Other instances or exceptional cases require reasons: parent’s circumstances, health. As the parent does court to Short-notice may as change grant possible if the court there and are the circumstances that allow for.

Can Parents Agree on a Notice Requirement?

  • Parents can agree to amend or waive the 90-day notice by agreement between the parties. 
  • Parents may agree to shorter notice periods for minor relocations.
  • They can specify alternative ways of communicating for relocation notifications.

However, any deviation from this notice requirement must be endorsed by the court as in the child’s best interest.

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

Factors the Court Considers in Relocation Matters

As discussed above, in considering a relocation request by one parent, the Maryland Courts examine a multitude of factors in reaching a decision in the child’s best interests, such as:

  • The child’s present relationship with each parent: Courts examine how the move would impact the child’s relationship with each parent.
  • The reason for the relocation: Whether the move is motivated by employment opportunities, family support, or other substantial factors.
  • The child’s needs and well-being: Educational opportunities, healthcare access, and overall quality of life in the new location are considered.
  • The distance of the move: A shorter move may have less impact on custody arrangements compared to relocating across the state or out of Maryland.
  • The ability to maintain a meaningful relationship with the non-relocating parent: This includes how visitation schedules or parenting plans might be adjusted.
  • The child’s preferences: If the child is mature enough, their opinion may be considered.

These factors are outlined in Maryland’s Family Law statutes, including Section 9-105, which governs considering the child’s best interests when modifying custody or visitation. As the American Bar Association emphasizes, courts carefully weigh these factors to protect the child’s stability and well-being during relocation cases.

Contact Patrick Crawford for your case

Relocations and Changes to Parenting Plans in Maryland

Relocation with joint custody typically involves modifications to the parenting plan to accommodate the new situation. Parenting plans outline each parent’s rights and responsibilities, including visitation times, authority over decision-making, and means of communication.

  • Where relocation affects a parenting plan, parents may:
  • Negotiate a changed plan reflecting the new realities of the move.
  • Take the help of mediation services for reconciliation.
  • Ask the court for a formal change, and the court will consider the child’s best interests when reviewing the plan.

How Soon Will a Judge Decide on a Relocation Request?

Relocation requests often take months to decide in Maryland’s courts because of the intricacies of the court calendar. Parents often request expedited hearings in advance if their move is very time-sensitive.

How Do the Courts Decide?

The basis of a decision by judges on whether relocation will be allowed or not is essentially the “best interests of the child” standard. Key considerations would include the following:

  • The reason behind the move.
  • The effect on the child’s relationship with each parent.
  • The feasibility of preserving visitation and communication with the non-relocating parent.

The general benefits of the move for the child’s best interest.

The court makes decisions based on Maryland Family Law statutes, especially regarding modifying custody orders. In the view of WomensLaw.org, modification of a custody order may require showing a material change in circumstances that would significantly impact the child’s welfare.

Will a Parent’s Notice Violation Play a Role in the Judge’s Relocation Decision?

If a parent fails to provide the required notice, then the court may consider it a minus factor in making a relocation decision. A failure to comply with the notice requirement can:

  • Raise concerns over the relocating parent’s level of cooperation.
  • Affect the court’s perception of whether the move serves the child’s best interests.
  • In any case, the court considers all circumstances, including whether the notification failure was intentional or could not be helped.

Steps to Relocation With 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) 694-7349 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.