Whether a parent can relocate out of state with a child depends on various factors. Many parents assume that being a primary caregiver automatically grants them the authority to make unilateral decisions about their child. Here are some problems with such an assumption.
Moving requires mutual consent or court action
Even though a primary custodian handles the child’s day-to-day care, they usually cannot make major life decisions entirely on their ownIf they plan to move out of state with the child, Maryland law generally requires them to notify both the court and the noncustodial parent. The moving parent typically must send this written notice at least 90 days before the relocation date. If the other parent objects within 20 days, the court may stay the relocation.
The child’s best interests are supreme
Uprooting a child from a familiar environment may impact them deeply. As a result, judges carefully evaluate the intent of the relocation. Further, the court typically weighs many factors, including the primary caregiver’s parental fitness, the child’s bond with the noncustodial parent and the child’s ties to their school and neighborhood.
Schedules may require modification
Moving out of Maryland can affect the noncustodial parent’s ability to visit and spend time with the child. If the court approves the relocation, it may order restructuring of the visitation calendar, often replacing short visits with long blocks of time. In other words, a weekly visit may be changed to a continued summer stay.
How can a family law attorney help the parents?
Be it a primary caregiver seeking to relocate or co-parent fighting to maintain a consistent bond, both of them might face legal hurdles down the road. Having an experienced family law attorney by their side can help them bypass common procedural mistakes, protect their parental rights and secure a workable outcome for their child.