Legal Question in Family Law in Maryland

Re: Custodial parent wants to move out of state

You have every right to move to any place you want to move to, but you should be aware that an ex-husband who likes to spend his time in court can file an action for a change of custody if you move. This doesn't mean that he will win. The law provides that a parent can file for a change of custody if he has evidence of a "material change of circumstance" since custody was determined. A move by the costodial parent out of the state is considered a material change of circumstance. This gets his foot in the door to file for the change. The court will then re-examine the custody issue based on the move, and will make a decision about whether the best interest of the children is to move with the custodial parent or to stay in the original location in the custody of the other parent. Issues considered are the location you want to move to, the quality of the schools, the town or neighborhood the children would be moving to, the home the non-custodial parent could provide, the children's ties to the original location (family, friends, activities they are involved in, etc.), and all of the same issues which were considered with the original custody determination. If the children have been with the custodial parent for a long time, and the move is a reasonable one, custody will probably stay the same, and visitation will be modified to provide fewer, but usually longer, visits with the non-custodial parent. So you might have to go back to court one more time before you move, or soon after, but it may be worth it.