Relocating During a Pending Custody Case

Published on
August 4, 2020
Written by
Angel Murphy
Category
Custody and Child Support

Oftentimes an opportunity to relocate presents itself during a pending custody case. During relocating, a pending custody case presents an extra layer of considerations. One of the reasons one may decide to relocate with a minor child(ren) sometimes is unexpecting. It usually includes starting over a new life, moving closer to relatives, having a new relationship outside the county. If possible a new job, new housing opportunities, or wanting to change to a different climate. Essentially, deciding on moving with a minor child(ren) requires permission. More importantly from the other parent or the Maryland District of Columbia Family court where the matter is pending. Besides, there are considerations that need to take into account before deciding to relocate or move to a different place. Here are some important factors to consider when relocating with an ongoing Maryland or District of Columbia custody matter:

1.NEW JOB.

It’s always a great opportunity to find a stable job that fulfills personal and long term goals and objectives. Before deciding, the relocating parent should think of his/her child’s welfare. Will the company allow the flexibility to travel with a minor child to visit the other parent? How are the working hours?  The schools nearby? How will the move affect medical doctor visits and has a new one been lined up? And how far is the move? Are there other relatives in close proximity that the minor child is familiar with? The court will evaluate the decency and standards of how the parent’s move. Finding a new job affects the minor child(ren)'s routine. Moreover with the number of changes they are going to expect to adapt to a new set of environments.

2. INTERFERENCE OF ACCESS WITH THE OTHER PARENT.

How will the child facilitate access to the other parent? The relocating parent must consider the type of transportation available in the new location. Is it by train, bus, plane, or car? Does the other parent need to pick up and drop off the child at a middle ground? Are there family members on either side in the new location? How will it affect the child’s ties to existing friends and family? The relocating parent should plan a schedule ahead before moving.  That includes the specific time, date, place, number of hours the child will stay with the other parent. The lists of other family members that will accompany the child for the day if relevant. The court will take this into great consideration as it will greatly affect the relationship of the child to the other parent.

3. AVAILABLE SCHOOL.

Moving during an ongoing school year is never a good idea. It is best to wait until a quarter change or a brand new school year starts. The relocating parent should research schools in the district where they are relocating and compare programs and activities that are similar to the minor child’s existing schools. The relocating parent should make a list of the name of the available schools, surrounding neighborhoods, and associated activities, and check the quality and standards of learning of the particular school as they relate to the minor child at issue. Also how far will it be from home and the other parent’s home? The parent must weigh the pros and cons of the school, present the options, and make an effort to plan and choose the best school with the other parent’s position in mind.

4.CHILD’S AGE AND MATURITY.

The minor child’s age is very important. Above all, this helps assists in the other deciding factors for the court. How young or old is the child? Are they able to travel on their own? Is the child old enough to have a say in whether they prefer to live with the relocating or non-relocating parent? How long will it take them to adapt? Are they old enough to have a conversation about moving to a new place and being expected to travel to see the other parent? These considerations will help the court in deciding if the decision to relocate is in the child’s best interest and making sure you have considered them in your decision is crucial.

5. NOTICE TO THE OTHER PARENT.

Planning and deciding ahead takes time. Most importantly, when informing the other parent.  Above all, considering all the aforementioned factors before relocating is key to having a good parental relationship. This notice should be done in writing with the understanding that the non-relocating parent has the right to object to the move. According to Maryland law, there is a requirement that said notice be provided to the non-relocating parent and the Court. A pending matter at least 90 days before the proposed relocation date is stated. This gives the court time to determine if a hearing is necessary. There are exceptions to the notice rule. If there is a showing that providing notice exposes the relocating parent to abuse. If there are extenuating circumstances of timing and reasons, the court may allow a shortened notice requirement for the relocating parent.

Relocating on a pending custody matter is complex. There are many layers that go into the court's analysis. It is important to keep the minor child at the forefront of the decision versus yourself. To have a smooth and secure plan of relocating is uneasy. The best suggestion is to put it all in a series of events before deciding. It is by fulfilling a strict notice of requirements and considerations listed above. The Murphy Law Firm LLC is here to help facilitate your questions about child relocation issues or any other issues relating to relocation. Contact Angel Murphy today to schedule a trial strategy meeting at (240) 493-9116. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal

Angel Murphy

Personable. Passionate. Persistent.

Child custody|Custodial parents|Family Court|Important factors to consider in relocating|Non-custodial parents|Opportunities upon relocating|Relocating|relocation|Relocation and custody|Relocation Notice Maryland|What to do when relocating

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