When a Parent Wants to Relocate to or From Lexington Park: Custody Considerations

A new job offer near Patuxent River, a family emergency out of state, or simply a fresh start somewhere new. Whatever the reason, if you share custody of a child and you are thinking about moving to or from Lexington Park, one question probably comes to mind right away: can you actually do this without upending your custody arrangement? The answer depends on more than just packing boxes.

Why Relocation Complicates an Existing Custody Order

A custody order is built around a specific reality: where each parent lives, how far apart the two households are, and how a parenting schedule can realistically work given that distance. Once one parent relocates, especially somewhere far enough to disrupt the existing visitation schedule, that entire foundation can shift. Courts do not treat a move as a minor detail to be sorted out later. Depending on the distance involved, a relocation can affect everything from weekday parenting time to who handles school pickups.

The 90-Day Notice Maryland Law Requires

Maryland law addresses this directly. Under Md. Code Ann., Fam. Law § 9-106, a court can require a parent subject to a custody or visitation order to provide at least 90 days of advance written notice before relocating their own permanent residence or the child’s, whether the move is within Maryland or out of state. The notice generally needs to go to the other parent, the court, or both, often by certified mail. If the other parent files a petition regarding the proposed move within 20 days of receiving that notice, the court is required to schedule a hearing on an expedited basis.

What a Court Looks At When a Move Is Contested

If the other parent objects to a proposed relocation, the matter typically comes down to a judge weighing whether the move serves the child’s best interest. Some of the factors that tend to come into play include:

• The distance of the move and how it affects the existing parenting schedule
• The reason behind the relocation, including employment, family support, or safety concerns
• The child’s relationship with each parent and how a move might affect that bond
• Whether a workable revised parenting plan has been proposed
• The child’s own ties to school, friends, and community in the current location

None of these factors operates in isolation, and a judge will look at the complete picture rather than any single consideration on its own.

Reach Out to Fanning Law Before You Make Any Moving Plans

Relocating with, or away from, a child who is subject to a custody order is rarely as simple as it first appears, and the notice requirements alone can trip up a parent who is not expecting them. If a move to or from Lexington Park is on the horizon for your family, we encourage you to talk through the details before finalizing any plans. Our La Plata child custody attorneys at Fanning Law serve clients throughout La Plata, Waldorf, and Lexington Park, and we are ready to help you think through what comes next.

Source:

mgaleg.maryland.gov/2021RS/Statute_Web/gfl/9-106.pdf