Navigating child custody laws in Maryland can be challenging, especially regarding out-of-state travel or relocation. If your ex-spouse now wants to take your children out of state, these laws become extremely important.
The basics of child custody
In Maryland, by legal default, parents are the natural custodians of their children. Custody orders can involve both legal and physical custody. Legal custody pertains to decisions on significant issues like education and health, while physical custody concerns the child’s living arrangements and the amount of time spent with each parent.
Out-of-state travel and temporary relocation
For temporary travel, such as vacations, the parent intending to travel with the child out of state typically must inform the other parent. The exact requirements can vary depending on the custody agreement.
Permanent relocation and job transfers
Permanent relocations, such as job-related moves, require a more formal process. The relocating parent must provide written notice to the other parent and anyone else with visitation or custody rights. This notice must be given at least 90 days before the intended move and should include the new address, reasons for relocation and a proposed revised custody schedule.
Exceptions to the rule
There are exceptions to the 90-day notice rule. If there is a valid reason for not informing the other parent, such as concerns over domestic abuse, the court may waive this requirement. Though, the issue will likely be litigated.
Whether a parent can take a child out of state depends on various factors, including the specifics of the custody agreement and the nature of the travel or relocation. Reviewing your custody agreement is crucial to understanding your rights and responsibilities. Any decisions or actions should prioritize the child’s well-being. Stay informed and make decisions that support your child’s best interests.