Relocation Cases in Maryland: Can You Move Away With Your Child After Divorce?

Life continues to change even after your Maryland divorce. You may be thinking about moving. This could be because of a new job, new relationship, or you just need a change. If you are planning to move far away, there may be restrictions or notifications on your move. It could also impact your parenting arrangements with your former spouse. Knowing how to navigate this is critical to protecting your rights and not violating your current court orders.

At RPM Law, our Maryland family law attorneys help you with relocation notices and protecting your parenting rights in modification cases.

Relocation Is a Custody Issue in Maryland

Maryland does have a relocation statute. Family Law § 9-106 governs notice requirements before a parent relocates with a child. Under the statute, a custody or visitation order may require either parent to provide at least 90 days’ written advance notice before relocating the child’s permanent residence — whether that move is within Maryland or out of state.

That said, § 9-106 is primarily a notice and procedure statute. The substantive question — whether the move is actually permitted and what happens to the existing custody arrangement — is almost always resolved through a custody modification proceeding. If a proposed relocation would make the existing physical custody arrangement impracticable, Maryland law treats that as a material change in circumstances requiring court review. The key question is not whether the parent has a good reason to move. It is whether the move is in the child’s best interests.

Notice Requirements for Relocation

Most Maryland custody orders include a 90-day written notice requirement before a parent relocates. This gives both parents time to:

• Discuss the move
• Attempt to negotiate a new schedule
• File a court action if they cannot agree

If the move is due to safety concerns or urgent circumstances, the court may allow shorter notice, but the relocating parent must still notify the other parent as soon as possible.

How Maryland Courts Evaluate Relocation Requests

Maryland courts use the best interests of the child standard. Judges analyze how the move will affect the child’s stability, relationships, and overall well-being.

1. The Child’s Relationship With Each Parent

Courts examine the strength of the child’s bond with both parents. If the move would significantly reduce time with one parent, the court looks closely at whether the relocation is justified.

2. The Reason for the Move

While the parent’s motivation is not the deciding factor, courts consider whether the move is:

• For a legitimate purpose (employment, family support, safety)
• Intended to interfere with the other parent’s access

3. The Impact on the Child’s Daily Life

Judges evaluate how the move will affect:

• Schooling
• Extracurricular activities
• Medical care
• Social connections
• Emotional stability

4. The Feasibility of Maintaining the Parent-Child Relationship

If the move is approved, the court considers whether:

• A long-distance schedule is realistic
• Travel costs are manageable
• Virtual communication can supplement in-person time

5. The Child’s Preference

If the child is mature enough, the court may consider their wishes, though this is only one factor.

6. The Parents’ Ability to Co-Parent

Courts look at communication, cooperation, and past behavior. A parent who has historically supported the child’s relationship with the other parent may be viewed more favorably.

What Happens If the Court Approves the Move?

If the court finds relocation is in the child’s best interests, it may:

• Modify physical custody
• Adjust legal custody
• Create a long-distance visitation schedule
• Allocate travel costs
• Establish virtual visitation guidelines

Schedules often include extended summer visitation, holiday rotations, and regular video calls.

What Happens If the Court Denies the Move?

If the court denies relocation, the parent has two choices:

• Stay in Maryland and maintain the current custody arrangement
• Move without the child and seek a modified schedule

A parent who relocates without court approval risks:

• Losing primary custody
• Being found in contempt
• Damaging their credibility in future custody proceedings

Want to Relocate After a Maryland Divorce With Kids? Speak to an Attorney About How to do it Correctly

Relocation can be one of the complex and contested parts of any post-decree divorce action. Whether you’re the one looking to move, or want to contest the other parent moving, knowing the right way to handle it can make a world of difference for your family’s lives.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.