Towson Parental Relocation Lawyer
After a divorce, or when parents have never been married to each other, it is not uncommon for one party to want to move away from the other. Sometimes, these moves are not of a great distance, but there are times when parents sometimes want to move to another state or across the country and take their child with them.
Relocation can present problems for the other parent, as they will not see their child as often and their bond and relationship with the child may be impacted. If the other parent of your child wants to move away with them, it is critical that you speak with a Towson parental relocation lawyer who can advise on your case.
Requirements for Relocation
Parents generally have a constitutional right to relocate with their child, as long as they have obtained a court order to do so or if the other parent has provided their consent. Contrary to a number of other states in the country, Maryland outlines very specific laws that place certain requirements on any parent who wishes to locate with their child. These requirements apply regardless of whether the relocation is within the state or not. The parent who is not moving, and the family courts, must be provided notice at least 90 days in advance.
There are only two exceptions to the notice requirement. The first is when the parent relocating can prove that providing notice makes the child susceptible to abuse. The second exception occurs when the parent relocating must make the move before the 90 days expire, whether it is for financial reasons or other extenuating circumstances.
The notice of relocations should include the new address, the new contact information, and the reason for the relocation. Every courthouse will have their own notice requirements, so it is always best to check with the local court before submitting notice.
How Do Judges Decide on Relocation?
Family law judges will take a number of factors into consideration when making decisions on child relocation. However, all of these factors are based on whether the move would be in the child’s best interests. The factors a judge will use include:
- Whether both parents are able to care for the child,
- The preference of the child, when they are of a certain age and maturity
- The preferences of each parent
- The health, age, and gender of the child
- The physical, spiritual, and moral well-being of the child
- Whether the move is meant to interfere with the visitation rights of the other parent, or it if will interfere with visitation
- The surroundings and environment the child is being raised in
- The reputation and character of the parents
- Whether there is any history of domestic violence
- Whether there is any history of abandonment
Our Parental Relocation Lawyer in Towson Can Advise on the Next Steps
Whether you want to relocate with your child, or the other parent wants to make a move, our Towson parental relocation lawyer at Lebovitz Law can help. Call us now at (410) 657-6494 or contact us online to schedule a consultation.