We live in a mobile society. Most people relocate about a dozen times during their lives. Most of these relocations occur before age 45, when many divorced adults have young children at home. If either parent’s relocation significantly affects the current timesharing arrangement, a judge must determine if the proposed relocation is in the child’s best interests.

Note that there’s a difference between the best interests of a parent and the best interests of a child. Mom’s promotion may be in her best interests, but it may not be in Junior’s best interests, especially since family law judges highly prize stability and consistency.

So, in a move-away modification situation, both parents have important rights. These rights often spill over into other areas, such as child support and alimony payments. An attorney from a child custody law firm in St. Mary’s County, Maryland, like the Law Office of Robert R. Castro, effectively stands up for these rights in court. Children have rights as well, which is why our lawyers often serve as attorney ad litems in these cases.

Modification Basics in Maryland

For a family lawyer in Waldorf, MD, the first order of business is demonstrating a material change in circumstances. A proposed relocation may qualify as such a change, especially if it interferes with the non-moving parent’s access to the child or alters the child’s school, community, or support system. Next, a court must then determine whether the requested change is in the best interests of the child. More on that below.

To determine if a move qualifies as a change of circumstances, courts consider several factors, such as:

• Parent/Child Relationship: If Dad is not regularly spending time with Junior and the two are emotionally distant, a relocation isn’t a material change of circumstances, which means the court doesn’t proceed to Step Two.
• Agreements Between the Parties: If Mom and Dad have already agreed on a revised parenting time schedule that accounts for the new address, a judge may sign an agreed order without requiring a hearing.
• Parent’s Motivation: Courts only grant relief if the requesting party has pure, or mostly pure, motivations. If Mom wants to get back at Dad, she probably has unclean hands and is ineligible for relief. If Mom wants to move to be closer (or further away from) family, that is different.

Importantly, Maryland law distinguishes between legal custody (decision-making authority) and physical custody (where the child lives). Move-away modifications primarily affect physical custody, but disputes over school choice, medical care, or religious upbringing may also implicate legal custody. If parents share joint legal custody, a significant relocation usually requires either mutual agreement or court approval.

Best Interests of the Child

If a proposed relocation significantly affects existing circumstances, the court may block that relocation if it is not in the best interests of the child. Adults have a constitutional right to travel, but the court may impose reasonable restrictions on that right.

Common best interest factors include the preference of the child, the preferences of the parents, and a cost/benefit analysis that weighs the benefits and burdens of moving against the benefits and burdens of not moving.

When all is said and done, move-away modifications in Maryland reflect the balancing act between a parent’s legitimate reasons for relocation (if any) and the child’s need for continuity and meaningful relationships with both parents (if any).

Contact a Dedicated Calvert County Lawyer

Both parties have important legal and financial rights in divorces and other family law proceedings. For a confidential consultation with an experienced custody lawyer in Charles County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD, 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.