How Relocation Affects Custody in Maryland

Relocation is one of the most challenging issues parents face after a custody order is in place. Whether a parent is offered a new job out of state, wants to move closer to family, or seeks a fresh start, moving a significant distance away can seriously impact an existing custody arrangement. In Maryland, courts treat relocation cases with particular scrutiny because of their potential to disrupt a child’s routine, education, and relationship with both parents.

If a parent in Maryland is considering relocation or opposing it, it’s essential to understand the legal process and how courts evaluate these requests.

Parental Relocation and the Child’s Best Interests

Maryland custody law prioritizes the best interests of the child in every decision. A parent’s desire to move, even for valid reasons such as employment or remarriage, is secondary to the child’s need for stability and ongoing relationships with both parents.

When a custodial parent seeks to relocate and the move could significantly interfere with the non-custodial parent’s time or relationship with the child, the court must reassess whether the original custody arrangement remains appropriate. In many cases, a relocation request can lead to a full custody modification hearing.

What Counts as a “Relocation”?

There is no specific mileage threshold under Maryland law. However, any move that significantly affects the existing custody schedule, such as an out-of-state move or even an in-state relocation that makes regular visitation difficult, can qualify. Even moving 50 miles within Maryland might be considered relocation if it creates a substantial obstacle to the current parenting time.

Required Notice To the Other Parent

Under Maryland Code, Family Law § 9-106, if either parent wants to relocate the child, they must provide written notice to the other parent at least 90 days in advance. This requirement applies whether the parent is moving within Maryland or to another state.

The notice must include the intended relocation date, the new address, and the reason for the move. This allows the non-custodial parent time to file an objection or request a custody modification if necessary.

What Happens If a Parent Objects to the Relocation?

If the non-custodial parent objects to the move, they can file a motion with the court to modify custody or block the relocation. This will trigger a hearing in which both sides present evidence regarding the move and its impact on the child.

The court will consider factors such as:

• The reason for the move
• The age and needs of the child
• The existing relationship between the child and each parent
• How would the move affect visitation or parenting time
• Whether alternative arrangements (such as longer school breaks or virtual contact) could preserve the child’s relationship with the non-moving parent
• Whether the move is intended to interfere with the other parent’s relationship with the child

Modification of Custody and Visitation

If the court allows the relocation, it will likely modify the custody arrangement to reflect the new circumstances. For example, if the child moves out of state with one parent, the other parent may receive extended visitation during the summer or holidays to make up for the reduced time spent together on a weekly basis.

However, if the court believes the relocation would not serve the child’s best interests, it may deny the move altogether or even transfer primary custody to the non-moving parent.

Talk To a Maryland Family Law Attorney Before Relocating

Relocation cases are fact-sensitive and emotionally charged. They often involve difficult decisions that can have a lasting impact on a child’s relationship with both parents. Any parent considering relocation or concerned about a co-parent’s plans to move should consult an experienced Maryland family law attorney right away.

At Rice Law, we help parents understand their rights and advocate for what’s best for their children. Contact us today to schedule a consultation and learn more about how we can assist with your custody or relocation matter.