Ellicott City Move Away Lawyer

Ellicott City Move Away Attorney

If parents become divorced or separated after having a child, understanding your rights and responsibilities regarding custody is crucial to staying compliant with Maryland law. If you have a custody issue, including a proposed parental move, working with an experienced Ellicott City move-away lawyer is essential. The Law Offices of Todd K. Mohink, PA, handles complex relocation cases and provides legal support for parents.

In 2022, there were 887,158 children living in Maryland, with a total of 1,525,066 families, reported by the Maryland Child Care Resource Network. For those trying to move with their child, relocating can quickly become a legal dispute. The parent wanting to move must comply with Maryland relocation laws, especially when the move will impact the other parent’s custody or visitation rights.

Understanding Relocation and Custody Laws in Maryland

In Maryland in 2021, there were 1.6 divorces per 1,000 residents. Many of these divorces involve children and navigating custody. Under Maryland law, parents who have a court-ordered custody agreement must provide ninety days’ written notice before moving with their child. This notice must be filed with the court and served to the other parent, even if the move is within the state. Failure to comply can lead to legal consequences.

Once the notice is filed and the other parent is informed, the other parent may contest the move within twenty days. In these scenarios, the court will then make the final decision based on the child’s best interests. It is up to the parent seeking relocation to provide proof of why the move will benefit the child. Like all family law cases, the court will then analyze multiple factors, such as:

• The reasons for the move
• The personal relationship between the child and each parent
• How the relocation will impact the current custody agreement

If relocation will affect the current custody agreement, a modification to the agreement will be necessary and most likely require an expedited court hearing. In Ellicott City, Maryland, judges do not favor moves that negatively impact the other parent’s involvement unless strong proof is given to the court.

Evidence and Strategy in Contested Relocation Cases

While it is frustrating for the parent attempting a move, Maryland courts do not automatically approve relocation requests. Instead, the judge will assess specific criteria based on the evidence that the parent provides. For parents seeking legal counsel during their potential move, the Law Offices of Todd K. Mohink, PA, helps collect evidence.

• Job offers, housing availability, or family support in the new location can support the case.
• The child’s school records, therapy reports, or testimony from counselors may show that the move benefits the child.
• The non-moving parent’s history of contact, support, and involvement is a key consideration.

If the court believes the move will negatively impact the child’s relationship with the non-moving parent, it may deny the request. In some cases, relocation is only permitted if the moving parent agrees to a custody modification that preserves contact with the other parent. It’s important to note that the court cannot legally prevent you from relocating, but it can determine if your child can move with you.

Timing is also key to bolster the moving parent’s case. If you file a relocation request shortly before the school year starts or without the ninety-day relocation notice, your case is unlikely to succeed.

Enforcement of Custody Orders After Relocation

When a relocation is approved, the existing custody order must be modified to reflect the new circumstances, especially if the move will impact the non-moving parent’s custody rights. This can include revised visitation schedules, transportation plans, and holiday agreements. The Law Offices of Todd K. Mohink, PA, helps ensure court-approved plans are detailed and thorough.

For parents wanting to relocate out of state, the laws become more complex. Maryland follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It was created to avoid legal conflicts between state courts and to prevent parents from moving to another state just to get a more favorable custody decision.

This law is followed by most U.S. states and helps clarify which state, the moving parent’s new state or Maryland, has the legal standing to decide on child custody cases. The UCCJEA will prioritize Maryland’s (the child’s home state) laws surrounding child custody.

Impact of Relocation on Parenting Time and Communication

A successful relocation plan must include methods for maintaining the child’s relationship with the non-moving parent. This often involves:

• Scheduled video calls, phone time, or text communication.
• Shared responsibilities and cost-sharing agreements for travel.
• Extra time for the non-moving parent during school breaks or holidays.

Courts evaluate whether these arrangements are practical and in the child’s interest. If they appear burdensome or unlikely to be followed, the court may reject the relocation.

FAQs About Ellicott City, MD Move Away Law

What Happens If a Parent Moves Without Telling the Court in Maryland?

If a parent relocates without providing the required ninety-day notice to the court and the other parent, they may be found in violation of their custody order. This can lead to heavy legal consequences, including modification of custody in favor of the non-moving parent. If the other parent doesn’t allow access to the child, this could be considered kidnapping in certain circumstances, such as if the child is under sixteen.

Can I Stop My Ex From Moving Away With My Child?

If your ex notifies you of a planned move, you have the right to file an objection with the court within twenty days of receiving the relocation notice. Maryland courts prioritize the child’s welfare, and if the move would interfere with your relationship or negatively impact the child, the court may deny the relocation. It’s important to act quickly by contacting an Ellicott City family law attorney and following court procedures.

Is Maryland a 50/50 Custody State?

Maryland does not adhere to 50/50 custody. State courts will base their custody decisions on what benefits the child, not an automatic equal division of custody. Shared custody may be granted when both parents are able to provide stable environments and cooperate effectively. Judges consider various factors such as work schedules, home life, and parenting history. If equal custody is not practical, the court will approve a schedule that preserves meaningful involvement with both parents whenever possible.

Ellicott City Move Away Attorneys

If you are involved in a custody matter involving a proposed relocation in or near Ellicott City, timely legal action is essential. The Law Offices of Todd K. Mohink, PA, represents parents on both sides of relocation disputes and helps ensure that court procedures are followed correctly. Contact us today to discuss your move-away case.