Maryland Relocation Lawyer

If you are interested in relocating following a divorce, it is important to speak with a Maryland relocation lawyer to ensure you are in full compliance with the law. While a move may be beneficial for your personal life, the rules surrounding relocation where child custody and visitation rights are concerned can be extremely difficult to navigate without the assistance of an experienced family law attorney. Legal counsel can help you better understand the laws regarding relocation after divorce and walk alongside you through each stage of the legal process.

Factors the Court Would Consider in Relocation Case

When a custodial parent wishes to relocate with their child, state law requires that they notify the other parent and the court a minimum of 90 days prior to the date they plan to move. Once notice is filed with the court, the parent who is not relocating would be afforded a period of up to 20 days to contest the relocation. Factors the court may consider when determining whether to permit the relocation would include parental fitness, the disposition and standing of both parents, whether family violence has occurred in the past, and any standing agreements regarding visitation and/or custodial rights.

The court would render a decision based on the best interests of the children concerned. The impact of potential relocation on the visitation privileges of the non-relocating party, the conditions that the child is living in, the relationship between the child and their parents, and the gender and physical wellbeing of the child may be considered. A relocation attorney in Maryland could represent either the relocating and non-relocating parents, but not both, before the family court.

Notice of Relocation Guidelines

While the relocating parent is generally obligated to file written notice of their intention to relocate with the party and the court no less than 90 days prior, there are a few situations in which these requirements may not apply. For example, if the move was for an emergency or to preserve and protect the health, safety, and welfare of the minor child.

Another scenario in which the notice of relocation may be waived is when the move is immediately impending due to economic factors or other mitigating conditions. If the parent has to move for these reasons and the move is less than 90 days away, provided they still notify the court and the other parent at the earliest opportunity, the judge could permit the abbreviated notice period.

If a parent is interested in relocating with their child, they should speak with a  lawyer in the area before they take any further action. Attempting to relocate without the consent of the other parent or the court could be a serious error. A Maryland attorney could counsel the relocating parent regarding their rights and ensure they act in full compliance with all notice requirements.

Talk to a Maryland Relocation Attorney About Your Case

If you have been awarded visitation and/or custody after a divorce and wish to relocate with your child, your first call should be to a Maryland relocation lawyer. An attorney could review your current circumstances and help you strategize a plan of action to move forward. Call now to schedule a consultation and discuss your case.