How Can a Parental Relocation After a Divorce Affect Child Custody?

When a divorce concludes, parents should understand that the court may not have permanently resolved the child custody issue. If you are fighting to win or retain custody of your child after your divorce, you must ask a Montgomery County child custody attorney to advocate on your behalf.

Relocation is one of the reasons Maryland permits the modification of a child custody order. Whether you are the parent who is moving or the parent who is staying, you will need to know how relocation impacts child custody in Maryland.

The court’s highest priority whenever a parent asks to change a custody order is the child’s best interests. If the non-custodial parent challenges the custodial parent’s relocation plan and seeks custody of the child, the court must base its decision on the child’s best interests.

What Should Parents Know About Child Custody in Maryland?

It is essential to understand the difference between legal custody and physical custody. Legal custody gives a parent the authority to decide about the child’s healthcare, education, religious instruction, and social activities.

The parent a child resides with has physical custody. When a child lives primarily with one parent, that parent has primary physical custody. Divorced parents may share physical or legal custody, or one parent may have sole physical and legal custody.

When a custodial parent plans to relocate, and the other parent opposes that plan, the court will determine how relocation affects physical and legal custody. The court will want to know how the relocation will affect your child’s daily routine and personal relationships.

Child custody orders in Maryland often include a provision that requires a parent to notify the other parent and the court at least ninety days before a planned relocation.

How Do You Challenge the Other Parent’s Relocation Plan?

If you oppose the other parent’s relocation plan, contact a Montgomery County child custody lawyer promptly. That lawyer can ask the court to schedule a relocation hearing where the court will consider the following:

  1. The relocation distance: Is the parent moving to another state or country? How much will the relocation disrupt the child’s relationships and daily routine?
  2. The visitation schedule: How will the relocation affect the visitation schedule and the non-moving parent’s involvement in the child’s life? Will maintaining regular contact become more difficult?
  3. The child’s social life and education: How well will the child adapt to a new school? How will the relocation impact the child’s friendships and social activities?

The court will also consider the reason for the planned relocation. For example, the court may favorably consider a move to a better job or a safer community. However, the court will negatively view a move made strictly to restrict or interfere with the other parent’s visitations.

What Can a Father Do to Win Custody?

If you are a father in Maryland who anticipates a child custody battle during or after your divorce, how can you put yourself in the best position to win your custody claim? Here are some suggestions that will help the court see you in a favorable light:

  1. If you are paying child support, make your payments regularly and on time.
  2. Take the time and effort to establish a robust father-child relationship.
  3. Attend meetings and events like school plays, sports events, and parent-teacher meetings.
  4. Keep records of how you are involved in your child’s life.
  5. Prepare a safe, stable home for your child.
  6. Demonstrate willingness to cooperate with your child’s mother.

If the court schedules a child custody or relocation hearing, bring a parenting plan to the hearing. A thoughtful parenting plan indicates that your child’s safety and welfare are essential to you. A Montgomery County child custody attorney will help you prepare an appropriate parenting plan.

What Happens After a Relocation Hearing?

If the court approves a custodial parent’s relocation, the court’s custody agreement may have to be modified. For example, the court may require a new visitation schedule that gives the other parent additional visitation time during summers and holidays.

Additionally, if the custodial parent has moved a considerable distance, the court may have to determine how the parents will share transportation costs for visitations.

What happens if the court denies a parent’s relocation request? That parent may have to abandon the relocation plan. A parent who moves despite the court’s ruling may lose custody to the other parent.

What Else Should Fathers Know?

Under Maryland law, a child’s mother and father have the same parental rights. Nevertheless, some fathers believe they pay too much child support while not having enough time with their kids.

However, nothing in Maryland law gives either fathers or mothers an advantage. Their parental rights are equal, and the language of the law offers no easy solution when those equal rights conflict.

As a father, even if you do not have physical custody of your child, the court should honor your parental and visitation rights. A Montgomery County child custody lawyer will help you protect those rights in a child custody or relocation dispute.

Who Should Represent You in a Custody or Relocation Case?

Divorce, child custody, and child visitation are legally complicated in Maryland. To ensure that the court treats you and your child fairly, ask a Maryland family law attorney at Paré & Associates to handle your case and advocate for you and your child.

Since 1991, attorney Alice Paré has led a team of family law professionals who resolve the most challenging child custody and child support disputes. Paré & Associates also handles paternity cases and prepares prenuptial and postnuptial agreements.

If you are divorcing, considering divorce, or seeking custody of your child because the other parent is planning to relocate – now or in the future – make the call and schedule a consultation with the family law team at Paré & Associates as quickly as possible.

To learn more about child custody, visitation, relocation, or any divorce-related matter, schedule a no-cost case evaluation and call Paré & Associates at 301-962-2492. We provide phone, online, or in-person consultations at our Silver Spring and Germantown offices.