Can You Move Out of State After a Divorce with Your Children?

When spouses are negotiating a divorce, they often plan to continue living relatively close to one another if they have young children. That can be a wonderful arrangement for all involved, maximizing the time children get to spend with each parent, and minimizing the stress of transporting the children back and forth. In some cases, parents deliberately choose to live close enough to each other that children who are old enough to do so can walk from one home to the other.

But in the weeks, months, and years after divorce, maintaining that proximity can be a challenge. One parent may decide to take their dream job halfway across the country. Or they may remarry, and find that they need to relocate for their spouse. Sometimes, a newly single parent realizes that they would benefit from the support of having family members around—and want their children to be surrounded by extended family, too.

Whatever the reason, it’s common for one or both parents to decide they want to move after divorce, often out of state. Can you move out of state after a divorce if you have children? The answer is yes. But the full answer becomes a little more complicated.

How Can You Move Out of State After a Divorce if You Have a Child?

Maryland law provides that a court may require either parent who wants to move with a child to provide the other parent and the court that issued the child custody order with at least 90 days written notice of an intended move, including the new address, if known. Notice can be required for in-state moves as well as out-of-state moves. (There are exceptions to the notice requirement for moves due to domestic violence or financial or other extenuating circumstances.)

After you provide your co-parent with the required notice, they may agree to your proposed move. Of course, getting the other parent’s agreement is not always easy, especially if you want to move far away. Moving from Maryland to Northern Virginia might be manageable. Moving across the country or even internationally poses a lot more logistical challenges—and is a lot more likely to face opposition from your co-parent.

Even with a relatively short-distance move out of state, however, it is likely that you and your ex-spouse will need to modify your child custody agreement. If you want to ensure that each parent gets about the same number of overnights with the child as they had prior to the proposed move, it may be necessary to reduce the number of transitions back and forth. For example, some parents may choose to have the child living with the custodial parent during the school year, with the other parent having the child for extended periods during the summer and other school breaks.

The non-custodial parent may feel threatened at the prospect of a change in the custody arrangement; it may feel as if it will be harder to maintain a day-to-day arrangement with their child. If you propose a visitation schedule change to your ex-spouse and are met with resistance, you may be able to reach a new agreement with the help of alternative dispute resolution such as mediation or Collaborative practice.

If you are able to reach a new child custody agreement, your family law attorney can memorialize your agreement in writing and submit it to the court for approval, giving it the force of a binding court order. Courts will generally approve parental agreements to modify custody so long as they are in the best interest of the child.

If you and your ex-spouse cannot reach a new agreement, and your spouse opposes your wish to move out of state with your child, you will need to ask the court for permission to move.

Petitioning the Court for Permission to Relocate with a Child

At the request of either parent, the court will set a date for a hearing to determine whether to allow the relocation. In addition to the “best interest” factors that the court considers in every custody matter, the court must also weigh certain factors to determine whether a move is in a child’s best interest, such as:

• Whether the relocating parent has a legitimate reason for the move such as a new job, a better living situation, or being closer to family—in other words, whether the desire to move is in good faith, or to frustrate the other parent’s rights.
• How the proposed move will affect the child’s relationship with the parent who is not moving, including whether a reasonable parenting schedule can be put in place to maintain the child’s bond with that parent.
• The opportunities available in the new location for the parent who wants to relocate to improve their life and that of the child.

In deciding whether to allow the relocation, the court must balance the cost of the move against its benefits. In other words, will the benefit of the move to the child be worth the disruption to visitation and their relationship with the other parent?

How the court weighs these considerations depends heavily upon how the facts are presented. It is critical in these matters to have a family law litigator who can present the facts in the light most favorable to your position.

Does a Non-Custodial Parent Need Permission to Move?

It is generally easier for a parent to relocate alone, without the child or children, because court permission is not required. However, Maryland law allows a judge to require that either parent provide the other with 90 days written notice of a planned move—not just the primary custodial parent. If the move would have a serious impact on the existing access schedule, either parent could ask to change the custody arrangement.

Work with an Experienced Maryland Family Law Attorney

If you are considering a relocation out of state with your child, or want to oppose your co-parent’s proposed relocation, a family law attorney can help you try to reach a resolution as amicably as possible or advocate for you and your child in court. To learn more about child custody in Maryland, Virginia, or D.C., contact Strickler, Platnick & Hatfield to schedule a consultation.