As you end a relationship with your spouse, you enter into the world of the new freedom to move out, say for a new occupation or love interest.
However, with child custody, it won’t be that easy to do. Parents who wish to relocate with children need to first clear any legal hurdles. If you fail to follow the rules, you could land into trouble.
If you have existing child custody and plan to move out of the state, the lawyers from The Law Offices of Thomas Stahl in Maryland can help to make sure that the process is completed correctly with proper legal formalities.
Their goal would be to tie all loose ends so that you can relocate easily and do not have to face any future consequences. You could also reach them on their LinkedIn profile and discuss about your case. They have the best legal team that will stand by your side and guide you through each and every step.
The process of relocation
There are a few conditions under Maryland courts if you need to move out and have existing child custody.
- You need to provide a 90 days’ notice period to the Maryland court with the reason and place of relocation.
Agreement from the other parent:
- You need to show that your ex-spouse has agreed on your move out with the child.
- Your ex-spouse has to submit an agreement directly to the court
- Your spouse can also file an objection on relocation within 20 days
- The court will then call for a hearing to discuss and come to a conclusion
- There are several factors that the court will consider before making a decision and the parents are legally bounded to follow them.
Factors court would consider
The court decides whether the move is in the best interests of the child. No decision is made based on the gender of each parent, neither there is any preference given to a mother or father. The decision is completely made on these factors:
- If each parent can take care of the child
- The child’s wishes, if the child is quite old enough to express their wish
- The age, sex, and health of the child
- If the relocation will interfere with the visitation of the other parent
- The kind of relationship between the child and each parent
- If there is any history of physical abuse or domestic violence
- Child’s emotional and physical well being
It is a non-exhaustive list which means the judge can consider a combination of factors that would be in the best interest of the child.
Relocating without informing
It might be tempting to move out with your child without completing the necessary actions. However, you might not be aware that failing to inform the court and the other parent before moving out with the child can land you with criminal charges.
Since Maryland family court is very strict with child custody cases, it does not allow parents to move out of state without the court’s approval. If they do so, they might have to pay fines or even be put behind bars.
Contact an experienced Maryland family lawyer for the best advice on relocation with child custody so that you don’t miss any legal loopholes.