Most Custody agreements contain language relating to a parent’s responsibilities in the event they relocate or move more than 25 miles from their current residence.
For Example: If either party relocates more than 30 miles outside of the D.C. Metropolitan area, he/she will give the other party 90 days’ notice prior to his/her intent to relocate. The relocating party shall provide the other party with the projected date, location, and purpose for him/her relocation.
The purpose of the notice requirement is to ensure that the non-relocating parent has the opportunity to oppose the relocation by filing a modification of custody in the court having original jurisdiction.
Failing to give the required notice is likely to result in the relocating parent being found in contempt of the custody order or potentially having the court modify the custody order by changing the existing custody arrangement between the parents.
The state of Maryland recently adopted legislation that requires that the court set an expedited hearing regarding the parent’s intent to relocate. The legislation requires that a parent give 90 days’ notice to the non-relocating parent
Information relating to the newly adopted legislation regarding relocation notice can be found within the following link from Justia Law
Pursuant to Maryland Family Law Code Section 9-106 (2023), the court has the authority to determine if the location is reasonable and necessary.
If the relocating parent did not give adequate notice, the court may consider this factor in determining whether there should be a change in custody.
If the notice given was less than 90days, the court must also consider whether or not the relocation was reasonable and necessary. Relocation for financial or employment reasons are additional factors that the court must consider.
Regardless of whether the relocation was reasonable and necessary for the parent, the court must consider the best interest of the child.
If you have a family law issue relating to relocation due to employment, military orders or financial reasons, the law office of Lynndolyn Mitchell is exceptionally qualified to provide excellent representation in Virginia, Maryland and the District itself.
