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Do parents sharing custody have to stay in Maryland indefinitely?

On Behalf of | Dec 4, 2024 | Child Custody |

A variety of different changes to the family can potentially lead to shared custody conflicts. Parents subject to a Maryland custody order often have to communicate with one another about their children. Shared custody arrangements usually include rules for shared decision-making authority, so parents must reach agreements about important decisions.

Parents sharing custody also need to regularly exchange custody in accordance with the order. Parents trying to rebuild their lives after divorce may find themselves facing frustrating limitations because of shared custody arrangements. Parents sometimes feel as though they cannot make major changes, such as moving to a new home or starting a new job, because of the custody order on record.

Some parents sharing custody assume that they cannot change their primary residence until their children become adults. Is it true that parents subject to custody orders cannot relocate?

Relocation is often possible

Contrary to what people sometimes assume, moving to a new home or even out of Maryland is possible in a shared custody scenario. The custody order may include provisions for obtaining advance permission in a shared custody situation.

Parents frequently need to provide written advanced notice at least 90 days before an out-of-state move. Moves within the state may also require disclosure depending on the language used in the custody order. A move out of the current school district or far enough away to affect custody exchanges likely requires disclosure and approval before it occurs.

The parent proposing the move can sometimes secure consent from the other parent. In such scenarios, the parents can theoretically cooperate to request an uncontested custody modification that updates arrangements to reflect the new living circumstances of one parent.

When there is a disagreement about the move itself or about how to adjust custody arrangements, the matter may need to go back to family court. A judge hearing the contested relocation case can rule whether or not the change is in the best interests of the children.

They can allow the move or deny permission to relocate with the children. They can also modify the custody order to reflect their ruling on the matter. It is possible for parents subject to a shared custody order to make significant adjustments to their living circumstances and daily lives even while the children are still minors.

Having support while navigating complicated custody issues can help parents protect their rights and relationships with their children. Many parents can make changes that are ultimately beneficial for them and their children with the right approach to the process.

Terenzini & Lucero, LLC.

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