Court orders usually require that the custodial parent notify the non-custodial parent prior to relocating with the child. The notice requirement is usually included in the court order or the parties’ consent custody agreement. The notice requirement normally has a time period of 60 to 90 days prior to the parent’s intent to relocate. In Maryland, the courts are required to schedule an expedited hearing to ensure that the non-relocating parent is not deprived of his or her normal access with the child.
- Did the relocating parent give timely notice of the relocation to the non-custodial parent ?
- Whether there is an agreement between the parties relating to relocation?
- Whether the relocating parent is the child’s primary caretaker ?
- Whether the relocation will interfere with the non-custodial parent’s access.?
After hearing the evidence, the court will decide if the relocation is in the best interest of the child. The court must also consider whether the relocating parent has proposed an access schedule that would ensure that the non-relocating parent has frequent access to the child.
In deciding whether to grant the request of either parent, the court will consider the age of the child and the child’s ties to the jurisdiction. A parent’s relocation that requires an older child to change schools, discontinue activities and meaningful relationships will weigh heavily on the court’s decision.
The court will consider any written communications between the parties regarding the intent of the parent to relocate. The court can also consider whether or not the relocating parent is required to move due to a military assignment, job transfer or financial reasons. The court can also consider whether there is a written agreement relating to the relocation.
If the court grants the relocating parent’s request to relocate with the child, the non-relocating parent is normally given extended access to the child during long breaks from school.
If the court denies the custodial parent’s request to relocate with the child, the court will modify the prior custody order by granting the non-custodial parent primary physical custody of the child.
If you have a relocation case, the Law Office of Lynndolyn Mitchell is exceptionally qualified to represent you in your child custody case.
