Tag Archive for: Relocation

Someone asked today for the Maryland case that prevents a parent from relocating to another state with the minor children before a custody order is entered.

Surprise!  In Maryland, there is no case and no law against it.  Some lawyers and some judges will disapprove of this tactic, especially in the middle of a school year, but it is not illegal.

Until there is a custody order, both parties have joint legal and physical custody of their children under the common law.  That means either parent can take them anywhere.

It is then up to the parent left behind to go to court and try to get an order for their return.

Intent to relocate with childrenSection 9-106 of the Family Law Article of the Maryland Code provides that the Court may, in any custody or visitation proceeding, include a notice provision for intent to relocate in its order. It is not automatic. You have to ask for it.

The provision is so that the non-custodial parent has a chance to go to court and seek a change in custody or visitation.

The problem up to now has been that the notice period is 45 days and that has not been enough time to obtain a hearing date.  So the move usually has already happened by the time you get in front of a judge.  The home has been sold.  The kids have been enrolled in a new school.

So Section 9-106 has been revised, effective October 1 of this year, to provide for a 90 day notice period.  And if you file a petition within 20 days of receiving notice, the court will give you an expedited hearing.