In Maryland, the custodial parent cannot move out of state without approval from the court which issued the original custodial order. If the custodial parent moves out of state with a minor child without the courts or non-custodial parents agreement then that parent may face penalties. This includes a fine or jail time, the court may also change the original custodial order to benefit the non-custodial parent.
In Maryland, in some cases, the non-custodial parent may agree to the move. Both parents can consent to the move and draw up a new custody agreement that takes into account the new location as well as providing fair and enough time for the non-custodial parent to see the minor. When parents agree to this relocation they must sign a written agreement called stipulation and consent agreement. The court is most likely to approve of this and the custodial caretaker may then relocate without much hassle.
If the custodial caretaker in Maryland wishes to moving to another state with a minor then he or she must provide written notice to the court and non-relocating caretaker at least 90 days prior to the movement.
However there are two exceptions to this rule which benefit the moving to another state caretaker, these include:
- If the moving to another state caretaker provides evidence to the court that providing notice will make the minor and caretaker a subject to abuse. In this case, a judge will dismiss the requirement of a written notice and take measures to protect the moving to another state minor and caretaker.
- If the moving to another state caretaker must move in less than 90 days due to financial reasons or other extenuating circumstances.
In order to win moving to another state custody in Maryland, the relocating guardian must prove to the court that this relocation is in the best interest of the minor.
Some of the factors the court will look at when determining what’s in the child’s best interest include:
- The mental and physical state of each guardian and who is more capable of meeting the child’s physical and emotional needs.
- If the child is mature enough the court will look at the child’s wishes.
- Each caretaker wishes, if the relocating guardian can get the other guardian to agree winning a relocating custody case will become easier.
- Whether the move is intended to ruin the relationship between the child and non-relocating guardian.
- The environment where the child is being raised.
- Whether there’s any history of abuse with either guardian.
- Whether there’s a history of abandonment.
- The quality of the relationship between the child and each guardian.
- How the child will be influenced in either guardians’ home.
If the relocating guardian 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 minor.
In Maryland, a parent can win a petition to relocate with a minor if he or she proves that this relocation will benefit the minor. 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 minor’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 minor education wise and might open up new doors to the child.
If you need a Maryland child custody lawyer to help you with your juvenile custody case in Maryland, call us at 888-437-7747. Our Maryland child custody attorneys can help you. A