Legal Question in Family Law in Maryland
Relocation law
Can you tell me if there is a guideline of visitation when the non-custodial parent relocates 150 miles from custodial parent, can the judge eliminate the every other weekend guildline? thank you
2 Answers from Attorneys
Re: Relocation law
This distance relocation would constitute a "material change in circumstances" so that either party could request modification of custody. Often, the moving parent can end up the loser in this if the child would have to change schools whereas the child would not if custody shifted to the other parent. If the distance is too far to do every other weekend (which is not a guideline, by the way, but simply what was apparently ordered in your case) then the access schedule can be adjusted - either by consent or after a merits hearing when the judge will decide the schedule. Often instead of EOW, it would be once per month, with the non-custodial parent having the majority of school holiday periods and longer periods in the summer (e.g., 7 or 8 weeks instead of 3 or 4). Finally, these days it is not uncommon even at a 150 mile distance for non-custodial parents to still do the every-other-weekend thing, with the exchange point being midway between the residences. Often, when travel burden increases, the courts will reduce child support to offset the additional cost. If you wish to reopen custody/access and need counsel, please contact us. Our information is at www.marylandfamilylawyers.com.
Re: Relocation law
Many factors come into play with child custody matters. The distance you indicate would provide either parent with a "day in court" and a potential of prevailing. An agreement as to matters may also occur between the parents.