Shared custody generally requires regular communication. Parents have to talk about their children to effectively meet their needs. They also have to see each other frequently to exchange custody. Fulfilling those obligations can become significantly more difficult if one parent moves.
A relocation in a shared custody scenario can have major implications for the rights and responsibilities of both parents. Some parents worry about their ability to maintain their close connection with their children as they rebuild their lives. Others fear the possibility of a co-parent leaving Maryland and cutting them off from those children.
Are long-distance relocations acceptable in a shared custody scenario?
Parents who want to move need permission
Both state law and the specific terms of a custody order can influence relocation rights. Moves that could impact school enrollment, change custody schedules or take the children out of state almost always require the consent of the other parent or the approval of the courts.
Typically, the parent proposing a relocation has to give the other advance notice at least 90 days before the move might occur. It may be possible to shift the custody arrangement, possibly by giving the non-moving parent more time with the children over winter break and summer vacation. If the parents can work out their own solutions, they can move forward with an uncontested custody modification.
If they continue disagreeing on the best way to divide custody, then they may need to go to court. Family law judges hearing relocation cases consider the current custody arrangement, the distance of the move and any additional evidence presented by the parents. They focus not on the rights and wishes of the adults in the family but rather on the best interests of the children.
Judges have the authority to modify custody orders as they see fit after hearing the details of a proposed relocation. They can approve the relocation request or deny it, depending on what they think is best for the children.
Learning about the rules that govern shared custody and relocation-related modifications can help parents plan. Parents may be able to move with their children, or they may be able to convince a judge that a move might do more harm than good.
