Ganar una Custodia con reubicación abogado de Montgomery en Maryland
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In Maryland, the custodial parent cannot move out of state without the approval of the court that issued the original custody order . If the custodial parent moves out of state with a minor child without the agreement of the courts or noncustodial parents, that parent may face penalties. This includes a fine or jail time, the court can also change the original custody order to benefit the non-custodial parent.
In Maryland, in some cases, the noncustodial parent may agree to the move. Both parents can consent to the move and write a new custody agreement that takes into account the new location, as well as providing a fair amount of time for the non-custodial parent to see the child. When parents agree to this relocation, they must sign a written agreement called a stipulation and consent agreement. The court will most likely approve this and the custodial parent can then relocate without much hassle.
If the Maryland custodial parent wants to relocate with a child, then he or she must provide written notice to the court and the non-relocating parent at least 90 days before the move. However, there are two exceptions to this rule that benefit relocated parents, including:
- If the relocating parent provides evidence in court that the notice will make the child and parent subject to abuse. In this case, a judge will waive the written notice requirement and take steps to protect the moving child and parent.
- If the relocating parent must move in less than 90 days due to financial reasons or other extenuating circumstances.
To win relocating custody in Maryland, the relocated parent must prove in court that this relocation is in the best interest of the child.
Some of the factors the court will look at when determining what is in the best interest of the child include:
- The mental and physical state of each parent and who is best able to meet the physical and emotional needs of the child.
- If the child is mature enough, the court will look at the child’s wishes.
- Each parent wishes, if the relocating parent can get the other parent to agree that winning a relocating custody case will be easier.
- If the move is meant to ruin the relationship between the child and the parent it is not relocated.
- The environment where the child is raised.
- If there is any history of abuse with either parent.
- If there is a history of abandonment.
- The quality of the relationship between the child and each parent.
- How the child will be influenced in either parent’s home.
If the relocating parent can prove through any of these factors that it is within the child’s best interest to stay with him or her then the court will most likely grant that parent permission to relocate with the child.
In Maryland, a parent can win a petition to relocate with a child if he or she proves that this relocation will benefit the child. Potential benefits include a new job for the relocating parent which may lead to an increased income which will benefit the overall quality of the child’s life. Also, there might be family close to where the parent may want to relocate; they can help with childcare and support. The relocation might also benefit the child education wise and might open up new doors to the child.
If you need a Maryland child custody attorney to help you with your Maryland child custody case, call us at 888-437-7747. Our Maryland child custody attorneys can help. C