Legal Question in Family Law in Maryland

Re: Can he move?

The parties can make an agreement that if either moves a certain distance away from their present location, the parent remaining in the area assumes full physical custody.

Re: Can he move?

If the parents want to avoid the need to go back to court in the event one parent moves from the area, there needs to be an agreement about what will happen: it could be that the parent who does not move will have full custody, or that the parents will change the division of time so that the child is with one parent during the school year and with the other during vacations. If the parents can't reach any agreement now, they may face the need to return to court in the future to let a judge make a decision. If that happens, the judge will consider all of the evidence and makae a judgment about what is in the best interest of the child, based on a lot of factors including the child's ties to family and friends, the advantages of each location to the child, the child's relationship with each parent, and, if the child is old enough, the preference of the child. Even if an agreement is reached now and is incorporated into a separation agreement, it could be possible in the future that a "material change of circumstance" might be a basis for a change, by the court, in the custody of the child.

Re: Can he move?

A shared custody agreement involves numerous matters.

Geographical restrictions are but one of these matters.

Before you enter an agreement, or draft one yourself, you should

speak with an attorney. Once entered, the agreement may present complications if

not done properly. Contact me at (410) 799-9002 should you require legal assistance.