How Relocation Affects Child Custody Agreements in Maryland

When one parent needs to relocate, it can throw a wrench in the child custody agreement you’re used to. This is especially true if one parent needs to move a far distance away, or out of state. This changes school schedules, visitations, transportation, and so much more. Because of this, Maryland courts treat relocations as a significant change, one that might require altering the current child custody agreement.

At RPM Law, our Maryland family law attorneys can help with child custody issues, including dealing with relocation and its affect on your custody agreement. Let us help you explore your options, negotiate a resolution, or argue your position to the judge. We’re here to help.   

When a Move Triggers Legal Action

A parent’s relocation does not automatically change custody. However, a move can trigger legal action when it:

• Interferes with the current parenting schedule
• Makes exchanges impractical or impossible
• Impacts the child’s school placement
• Significantly increases travel time
• Reduces the other parent’s access to the child

Even a move within Maryland can be considered significant if it disrupts the existing arrangement. For example, moving from Baltimore to Western Maryland may require a new schedule just as much as moving out of state.

Maryland’s Notice Requirement for Relocation

Maryland law requires parents to give at least 90 days’ written notice before relocating if the move will affect the other parent’s access to the child. The notice must be provided to:

• The other parent
• The court that issued the custody order

Exceptions to the notice requirement may exist however, so speak to your attorney if this applies to you.

How Courts Evaluate Relocation Requests

Judges consider what is in the children’s best interests when making decisions. Key factors include:

1. The Reason for the Move

Courts look closely at the relocating parent’s motivation. Valid reasons may include:

• A new job or promotion
• Educational opportunities
• Access to extended family support
• Improved financial stability

2. The Impact on the Child’s Relationship With the Other Parent

Maryland courts strongly value a child’s ongoing relationship with both parents. If the move would significantly reduce the other parent’s time, the relocating parent must show how they will support continued contact.

3. The Child’s Stability

Judges consider:

• School continuity
• Community ties
• Medical or therapeutic needs
• Emotional well-being

A move that disrupts a child’s established routine may face more scrutiny.

4. The Feasibility of a New Parenting Plan

Courts evaluate whether a long-distance schedule is realistic, including:

• Travel time and cost
• Transportation responsibilities
• Holiday and summer schedules
• Virtual communication plans

When Relocation Requires a Custody Modification

If the move significantly affects the existing arrangement, either parent may file a petition to modify custody. To succeed, the requesting parent must show:

1. A material change in circumstances (the relocation), and
2. That modifying custody is in the child’s best interests

Depending on the situation, the court may:

• Approve the relocation and adjust the schedule
• Deny the relocation but keep custody the same
• Change primary physical custody to the non-moving parent
• Create a long-distance parenting plan

Each case is highly fact-specific.

How Relocation Affects Joint Custody

Relocation can be especially complicated when parents share joint physical or joint legal custody. A long-distance move may make joint physical custody impractical, and courts may need to designate one parent as the primary residential parent.

For joint legal custody, relocation may require new agreements about:

• School enrollment
• Medical providers
• Extracurricular activities

If parents cannot agree, the court may modify decision-making authority.

Get Help If You or the Other Parent Are Getting Ready to Relocate

Relocation can trigger the need for changes to your custody plan. However, you may be able to negotiate a resolution with an attorney by your side. We have seen the options that work you may not have considered. When court intervention is necessary, our highly experienced attorneys go to work for you.Our team at RPM Law is highly experienced in child custody issues. Contact us today for a consultation.