If you are hoping to relocate and there are children involved, whether you have primary custody or not, there are steps you must take before doing so. Knowing your rights and the court’s process can help you make the most informed decisions.
Our Owings Mills relocation lawyers could help you make the right choices regarding your current situation and your family. Reach out today to schedule an appointment with a compassionate and skilled child custody attorney at Nguyen Roche Sutton.
Maryland Statute § 9–106 states that if one parent wants to relocate after a divorce, the court should be notified at least 90 days in advance if the move may alter custody or visitation in any way.
The 90-day period allows the non-relocating parent a 20-day window to contest the relocation if they so desire. However, if financial or other factors necessitate relocation, or if it is determined that a move is necessary within a reasonable period, the court may consider such circumstances.
It is essential to understand that there is a balance between moving forward with life and what may be in the child’s best interest. A judge will have to look at all aspects of the case.
A child will be affected if the parent relocates more than 50 miles from the other parent. For this reason, the court will consider the following:
Before choosing to move or appeal to the judge, the parent must ensure the relocation is in the family’s best interest. This also means establishing an alternative custody or visitation arrangement in advance to show that the relocation is not an attempt to separate the other parent from the child’s life.
Without careful consideration and a viable visitation plan, a judge may deny a parent’s right to relocate. A seasoned relocation attorney in Owings Mills could help develop a favorable plan for every party involved.
Unless there are extreme circumstances, the judge prefers for parents in a divorce to continue co-parenting the child and maintain contact with one another. For this reason, custody orders are made as fair as possible during the breakdown of a marriage.
A relocation may be viable if one of the following occurs:
It is best to consider all the details of relocation requests before speaking to the judge. An Owings Mills lawyer could help parents approach a relocation request fairly and reasonably.
With all legal matters that involve children, things can become heated quickly. Relocation may severely change the other parent’s ability to see their child.
Legal representation is available to assist parents facing relocation or those whose children may be moved, ensuring the protection of their rights as a mother or father.
Contact Nguyen Roche Sutton today to schedule a consultation with an Owings Mills relocation lawyer to discuss your current situation.
