Parents who want to relocate, whether with or without their child, must provide a notice before the relocation to the court of Maryland. It is usual that a parent may want to move out of state or even move in state, whether it is for a job, education purposes, to be closer to family, or just desire a change. However, for parents who have custody or visitation rights over their child, they have to take permission from the court of the state of Maryland first.
The parents must provide the court of Maryland a notice not less than 90 days before the move; the notice must consist of the intent of the relocation. The written notice of intent is required by the court before the move in cases where if the parent is planning to move out of state, or just move houses within the state of Maryland.
However, it is not guaranteed that the court will grant the parent to relocate with his or her child by just presenting the court of Maryland a notice of intend. The other parent that is not moving, have the right to either object or agree with the relocation of their child with the child’s custodial parent. The law of the state of Maryland states that if a parent wishes to relocate with his or her child out of state or within the state of Maryland, the parent has to file a petition with the clerk of the court of Maryland during the 20 days since the written notice of intend to relocate. Thenceforth, the court of the state of Maryland will schedule a hearing where the judge will determine to either allow or disregard the request for the relocation of the parent with his or her child and deny to alter the previously juvenile guardianship order.
The court of Maryland will allow a relocation only if it is deemed to be in the best interest of the child and not based on the best interest of the parent. There are factors that the judiciary considers when determining if the relocation is in the best interest of the minor.
These include the below-mentioned factors:
- The age of the minor.
- The gender of the minor.
- The physical and mental health of the minor.
- The emotional stability of the minor in regard to the relocation.
- The physical, mental, and emotional fitness of each parent.
- The character and reputation of each parent.
- The juvenile’s preference and desires, if the minor is old enough and capable of making a decision.
In addition, the court will take in consideration the distance between the residence of both parents and how it will affect visitation chances. The benefits that the child will have from the move and how it will affect his or her future is also considered by the court of the state of Maryland.
Nevertheless, gaining permission for relocation may be a difficult process and it is in the best interest of the parent if he or she discussed the case’s matter with a skillful lawyer.
When parents decide to divorce or separate they will need to make custody agreements to meet the child’s best interests in Maryland. The court may order temporary custody, split custody, joint custody, and sole legal or physical custody, legal and physical custody. Depending on the factors the court will take into consideration when determining the child’s best interest.
Legal custody refers to the parent being able to make long-term decisions regarding the child’s welfare, such as education, religion, and non-emergency medical care. Physical custody involves making decisions about the child’s everyday life and spending time with the child. The court will often grant joint physical and legal custody.
In Maryland, the custody agreement can last for years if both parties are happy with it and they both live in the same town. However, the custodial parent may want to move out of state and the non-custodial parent will oppose this. If this situation arises then the parent would have to go to court for approval.
In Maryland, the custodial parent cannot move out of state without approval from the court which issued the original custodial order. If the custodial guardian moves out of state with a minor child without the courts or non-custodial guardians agreement then that guardian may face penalties. This includes a fine or jail time, the court may also change the original custodial order to benefit the non-custodial guardian.
If the non-custodial guardian agrees to the move then the court in Maryland will approve it as long as it is within the child’s best interest. Both guardians 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 guardian to see the child. When guardians agree to an out of state move they must sign a written agreement called stipulation and consent agreement. If guardians can’t reach an agreement they can hire a co-parenting counselor or guardianship mediator to guide them in reaching an agreement. If this fails, then the custodial guardian will have to petition the court to get permission to move out of state with the child.
In Maryland, the court will look at the child’s best interest when allowing a move out of state. The court will weigh the benefits of the move against the disruption of the non-custodial guardian’s visitation rights. Also whether the out of state relocation will benefit the overall quality of the child’s life will be looked into before the court makes a decision. Potential benefits include:
- A new job opportunity for the custodial guardian which might mean an increased income.
- Living closer to the custodial guardian’s family, who might help with childcare and support.
- An educational opportunity.
- A new marriage.
The court will weigh these benefits against the effect on the child that reduced contact with the non-custodial parent might have on him or her. The custodial parent can argue that the improved stability and new lifestyle which can occur when the child relocates may outweigh any potential problems which may be faced due to decreased visitation time.
If you need a Maryland child custody lawyer to help you with your juvenile guardianship case in Maryland, call us at 888-437-7747. Our Maryland child custody attorneys can help you. C