Some states require a custodial parent to give notice, usually written, of an intended move to the noncustodial parent within a certain time period specified in the statute.
For example, 30, 60 or 90 days of notice could be required before the intended move. In addition to a notice requirement, some states require consent of the noncustodial parent to allow the move or to object by filing a motion seeking to prevent relocation. Some states determine whether to allow a child custody relocation based on distance. For example, if the new location is within a certain distance, even if within the same state, a court may factor that in its determination.
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Good faith reasons may include:. Generally, the relocating parent is required to make a proposed visitation schedule, including the times and places for visitation with the noncustodial parent in the new location.
Often this includes extended access times during major holidays, spring breaks and summer months. In addition, because child custody relocation may invoke a substantial change in circumstances, the parties may also need to seek a court modification of custody or visitation order.
In certain circumstances, such as joint custody situations, a court may need to reassess child custody between the parties altogether and suggest the non-relocating parent take physical custody of the child to maintain as much stability as possible. In terms of increased travel costs, some states require a split in increased fees, while other states may require the party who is moving to incur most of the transportation costs related to visitation.
Our team successfully supports clients with relocation issues in Maryland, the District of Columbia and Virginia or proposed relocations all across the country.
Relocating a Child — Custody Issues | Breeden Law Office
To consult with a member of our Family Law team to discuss an issue related to Relocation, contact us. When a parent wishes to relocate with a child, in Maryland, a court may require the moving parent to provide notice to the other parent, the court or both within 90 days of the proposed relocation. Oftentimes, the other parent will object to the relocation — in which case they must file a petition with the court within 20 days of the notice or relocation.
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San Bernardino Lawyer Handling Child Move Away Cases
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