Baltimore County Family Law Attorney Blog

Parental Relocation and Child Custody Modification Towson Lawyer.

Maryland courts take parental relocation seriously. If there is a Custody case that has been filed in Maryland, which is being adjudicated or which produced an order concerning Child Custody and Visitation, then relocating a minor child without permission from The Court is almost always a bad idea. Consider:

• Relocation can constitute a Material Change in Circumstances triggering reconsideration of Legal Custody and Physical Custody.
• Rule 9-205.1 permits the court to appoint an attorney for the child when a parent proposes a relocation that will substantially reduce the child's time with the other parent.

Circuit Court for Baltimore County Parental Relocation & Custody Modification Trends.

In recent years, we have seen more and more Child Custody cases where both parents are granted shared or joint custody of the kids after a divorce is finalized. Previously, it was quite common for one parent (usually the mother) to be awarded Primary Physical Custody, while the other parent had to deal with maintaining a workable visitation schedule. Courts nowadays tend to find it in the child’s best interest to have both of his or her parents involved in the child’s life as much as possible – unless there is a clear-cut reason not to grant shared custody.

Lately, Family Law judges have been dealing with the issue of one parent wanting to relocate and take the child to a new city or state. This wasn’t such a big deal back when only one parent was granted sole custody. But now, courts can prohibit parents from moving. Let’s take a closer look at the issue.

Relocating Away From Baltimore & Towson With Your Child

Any time a parent thinks about moving to a different state – or even a different city in the same state – with their children, the decision may have huge consequences on the other non-moving parent’s ability to continue to have a close relationship with the children. Changes will need to be made with respect to Visitation Schedules , which may turn an otherwise amicable situation into one filled with contention -- and maybe even a bit of resentment.

Generally, when parents have Shared Physical Custody of a child, both of them share the right to be able to make decisions with respect to the child’s medical care, schooling and other issues related to raising the child. But what happens when a parent gets a better job that requires him or her to move to a different state? Does the parent have to turn down the job because of the Child Custody situation?

In custody cases, courts are required to look at what’s in the child’s best interest. A number of factors are taken into account when making such determinations, including;

• the parents’ fitness, their desires and prior agreements
• the ability for all involved to maintain a good relationship
• and the child’s preference ], if he or she is of adequate age

When dealing with relocation issues, the court must consider other factors as well, including:

• the length, quality and nature of the child’s relationship with the parents and other relatives
• as well as the likely impact such a move would have on the child in relation to his or her developmental needs
• age
• overall mental state.

Consider the following example:

A woman has Shared Custody with her ex-husband. Everything was going well with regard to the custody arrangement, particularly since both of them lived near the child’s school. However, the woman eventually began dating again, and she ultimately remarried and had another child with her new spouse. The couple decided they wanted to move – approximately 100 miles away from their current location.

The court stepped in and said the mother could not make such a move because it would essentially mean that the father, who had shared custody, would not get to see the child. The mother argued that she should have a right to be able to move with her husband, but the court maintained its original decision to deny the request.

If you or a family member have questions or concerns about a pending move, or you would like to learn more about seeking a change to your current custody arrangement, contact Amar Weisman, a Towson child custody lawyer, today.

Call (410) 321-4994 For a Free Consultation With an Owings Mills & Towson Custody Lawyer

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.