The answer is, “It depends.” The three main issues are:

• How far you are planning to move from the current location
• How much the move will interfere with the visitation and/or custody rights of the other parent and
• Whether the divorce court’s Order states anything specific with respect to relocating the children

So, if you are just moving “down the street,” then you can likely move without obtaining the agreement of the other parent. If you are moving to another city in Maryland or moving to another State, then, likely, you will need the consent of the other parent or permission from the Maryland divorce court. As noted, it may also be the case that the divorce court’s Final Order may specifically allow or prohibit a relocation or may have some other specific statement with regard to where the children live. Any such provisions in the Court’s Order are binding until modified.

If you have questions about relocating and child custody in Maryland divorces, call the Calvert County, MD., Divorce and Custody Lawyers here at the Law Office of Robert Castro. We are a Child Custody Law Firm in Calvert County, Maryland with offices in Waldorf, MD. Call us at (301) 870-1200. Here is a quick explanation of why you might need the consent of the other parent to relocate and what you can do if you cannot obtain consent.

What is in the Court’s Final Order?

There are times during a Maryland divorce when a relocation is expected or possible. In such cases, as the divorce proceedings come to a conclusion, the parents might have raised the issue with the court and consequently, the Maryland divorce court might have included language in the Final Order touching on the question of relocation. If the Court’s Order allows the custodial parent to relocate, then no consent is needed from the non-custodial parent. Alternatively, the Court’s Order might prohibit relocation. However, whatever the language, the court’s Order is binding on the parents until the Order is modified.

The legal standard is the “best interests” of the child/children

Where the Court’s Order is silent, then standard legal principles apply. Under Maryland divorce law, decisions about child custody are determined by what is in the “best interests” of the child or children. This is true for the overall custody and visitation structure and for more specific questions such as where the child/children live. If a relocation conceivably impacts visitation rights, then the relocation impacts the “best interests” of the children as originally determined by the Maryland divorce court. Thus, the other parent — the one with visitation rights — has the legal right to challenge any relocation that impinges on those rights.

That is why “moving down the street” can, likely, be done without obtaining consent because moving a short distance is very unlikely to seriously impact visitation rights. The opposite is true for moves to other cities and to other States.

What can be done?

If the parents cannot agree on a relocation, one or both parents must ask for intervention from the Maryland divorce court. This means filing papers with the divorce court asking for permission to relocate or asking to have the relocation prohibited. The process can take many months to resolve, and, as noted, the legal standard to be used in resolving the question is what is in the “best interests” of the child/children.

Note that, legally, the court has no power to prevent a parent from relocating. The issue is where are the children going to live. If a parent is bound and determined to relocate — with or without the children — then that parent might lose custody. The court might modify the underlying child custody arrangement by, for example, granting full custody to the parent who is not relocating.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.