In Maryland, when a parent desires to relocate with a child, the other parent has the right to object to the relocation for any reason (e.g., if the move would interfere with non-relocating parent’s custody rights).
When parents cannot agree on whether a child should be relocated, either parent can request the Court to modify custody and visitation.
In Maryland, a relocation of a child is a per se “material change in circumstances” warranting the Court’s review of custody. However, the relocation must be of sufficient distance to interfere with the current custody arrangement to be considered “material”.
As with any custody case, the Court will ultimately consider what is in the child’s best interest when determining whether or not to allow the relocation. The Court cannot, however, deprive a parent of the right to relocate. The Court can only decide whether the child can relocate with the parent.
- On July 16, 2012