At times, life pulls us away, perhaps a new job in another state, caring for family members, or a fresh beginning for our children. When relocation involves children, emotions run deep, and legal stakes run even deeper.
As experienced family law attorneys in Maryland, we understand the weight of that hope and worry. We aim to guide you through relocation with clarity, compassion, and unwavering legal insight.
Who We Are: Your Maryland Child Custody Attorneys
For more than seven decades, Brodsky Renehan Pearlstein & Bouquet has focused solely on family law, always dedicated. Our team includes seasoned Maryland child custody attorneys and family law attorneys, all committed to securing outcomes built on your priorities and your child’s best interests; grounded in experience and recognized by legal peers.
The Legal Landscape Of Relocation In Maryland
When Relocation Becomes A Legal Matter
Under Maryland law, once a custody order is in place, a custodial parent cannot relocate out of state with a child without either the consent of the other parent or a court order. Unapproved relocation may lead to civil consequences and may jeopardize the existing custody arrangement.
Defining Relocation
Relocation is not measured solely by distance. Under Maryland law, any move—even within state lines that significantly interferes with parenting time or visitation may trigger legal obligations. The threshold is practical: Can the other parent reasonably exercise visitation as agreed and/or ordered? If not, that is grounds for formal steps.
Notice Requirements
Ahead of any move, the court may require that the moving parent provide written notice at least 90 days in advance to both the other parent and the court of his/her intent to relocate. Even if the court does not include this requirement in its custody order, a relocating parent should always provide the other parent with advanced notice as far ahead of the move as possible.
Rights Of The Non‑Relocating Parent
The non-relocating parent has the right to respond, object to the move, seek modifications to custody or visitation, or request an adjustment to maintain meaningful parent‑child contact. The court will engage in a best‑interest analysis, weighing emotional ties, stability, schooling, and how a relocation may disrupt a child’s routine.
Federal Backdrop: UCCJEA And Protecting Jurisdiction
Maryland, like most states, adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures that custody jurisdiction remains in the child’s “home state” (where they lived for six consecutive months before the filing) and limits forum shopping by parents seeking favorable courts elsewhere.
If Maryland has issued a custody order, jurisdiction continues in Maryland unless both child and parents relocate and Maryland no longer has a significant connection or evidence.
Similarly, the Parental Kidnapping Prevention Act (PKPA) reinforces this principle by requiring states to honor legitimate custody orders from other states unless statutory exceptions apply.
Emotional And Practical Considerations
Behind every relocation lies hopes of new jobs, family support, and emotional renewal. But for children, it may mean uprooting friendships, schooling, and routine. Judges evaluate such moves with empathy: they will likely examine motivations, emotional impact, logistical feasibility, and the child’s well‑being.
How We At BRP Family Law Can Support You
1. Strategic Planning Based On Your Unique Story
Our role is to listen to your hopes, your child’s needs, and your concerns. We craft relocation strategies grounded in law and driven by empathy and strategy.
2. Managing Notice And Court Process
We prepare and file the required written notice, propose a viable revised visitation schedule, and negotiate or advocate the relocation’s justification with precision.
3. Protecting Parental Rights and Contact
Whether you are relocating or staying, our goal is to preserve a meaningful parent‑child relationship. We challenge or support proposed moves, seeking creative solutions that align with the children’s best interests.
4. Enforcing Or Modifying Custody Agreements
If the other parent relocates improperly, we will act swiftly to enforce court orders. If the move is justified, we will help modify custody arrangements to ensure stability and fairness.
When You Relocate, We Guide You Through Every Step
- Out‑of‑state relocation with children is not a personal decision alone; it is regulated by law.
- Parental responsibility and federal jurisdiction laws ensure continuity and protection of custody rights.
- Notice, best‑interest standards, and jurisdictional rules form the legal scaffolding for any move.
- Emotional stakes are high; we blend compassion with expertise to protect both your child’s future and your rights.
- We are your Maryland family law guides, your allies who understand how hard this is and how important it is to do this right.
Key Highlights:
Issue | Your Responsibility | Our Role |
Notice Deadline | Provide written notice 90 days prior if required by court order; otherwise, provide written notice well in advance | Draft, file, and manage communication |
Legal Standard | Best interests of the child, continuity, visitation impact | Advocate, negotiate, or litigate as needed |
Jurisdiction | Maryland retains jurisdiction under UCCJEA | Ensure legal compliance and protect your rights |
Emotional Impact | Consider child’s stability and routine | Craft solutions that ease transition |
A Final Thought
Life’s twists may bring you across state lines. Your child’s best life may lie elsewhere. But the law demands thoughtfulness, process, and protection. When the path feels overwhelming, know that we at Brodsky Renehan Pearlstein & Bouquet stand ready, with experience, local insight, and genuine care, to advocate for your family.
If you are contemplating relocation or facing relocation challenges, contact our Maryland child custody attorneys today. We combine rigorous legal strategy with empathy and steadfast advocacy, helping families navigate change with clarity and confidence.