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What if I need to move with my child?

| Jun 29, 2020 | Child Custody

Not surprisingly, parents in the Rockville area may have to move to another part of the state or even outside of Maryland.

After all, a better job opportunity may come up that promises a better life for a person’s family. In other cases, the move may be necessary to get or keep steady employment. In still other cases, other life circumstances may make the move important for a family’s future.

As is the case in other states, residents of Maryland who are subject to a child custody order because of a divorce, a paternity decree or some other action may be required to give advance notice of any move to the other parent.

The standard notice requirement is 90 days before any permanent change in address. Both parents may be required to give this notice. The court has some discretion to put in its orders exactly how the parents must give notice, so it is important for parents to read their documents carefully.

If a parent wanting to move follows this rule, then he or she may be eligible to have a speedy court hearing should they require permission to move. On the other hand, a parent who breaks this rule can have it held against them in subsequent court proceedings.

There are a couple of exceptions to the notice requirement. First, a court is supposed to waive it if the parent can show a good reason for the court to do so. For example, if the move is to avoid domestic abuse, the court may not require notice.

While not waiving the requirement, the court may also shorten the required period of advance notice if a parent was facing some unusual life circumstances, like a job loss or a family emergency, which required an immediate move. The parent who wants to move must still give the other parent notice promptly upon realizing the parent will have to move.