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  • By: Andre Batson, Esq.
A parent and child hold hands, symbolizing a move-away case after a divorce.

In this article, you will discover:

  • Legal steps you need to take before moving out of state with your child
  • Key factors that judges consider in Maryland and D.C. child relocation cases
  • Whether you can move out of state with your child if the other parent objects

What Legal Steps Should You Take Before Moving Out Of State With Your Child After A Maryland Or D.C. Divorce?

If you’re moving out of state, have custody of your child, and the child wants to move, the first step is to try to obtain the permission of the other parent.

If you have a custody agreement for Maryland or D.C. and you’re moving to California, it will be challenging to maintain that custody agreement unless you obtain the necessary permission. Most likely, you’ll end up back in court to have the custody agreement modified so you can take the child to California.

Case Study: Do You Recall A Time Where A Client’s Ex Violated A Custody Order By Moving Out Of State?

I represented a father whose ex moved the child to California. The father filed a motion to bring the child back, and the judge approved it. The woman contended that she had been there a month and couldn’t bring the child back.

The judge told her that she could stay in California, but the child had to return to his home state. On a moment’s notice, the father had to fly to California, pick up the child, and bring him back to D.C.

We went through a full-blown trial in that case after the judge brought the child back. We had to lay out the facts: the child lived, attended school, and had friends in D.C. His mother uprooted him to California, where he had to deal with a different culture and school system.

The judge ultimately decided that the child should remain in D.C. with the father, and the mother would have visitation during the summer. The judge also ordered that the child have FaceTime with his mother every day from 5 to 7 pm. It wasn’t the same as having both parents nearby, but it helped.

What Key Factors Do Judges In Maryland And D.C. Consider When Evaluating Child Relocation Cases?

It’s painful when you see parents scattered across the country who can’t get along with each other. A child needs to be with both parents.

Courts always consider the best interests of the child. There are 17 factors the courts consider, including the child’s support system, the child’s school, the parents’ jobs, and who has been caring for the child. The judge reviews each factor because, if the case goes up on appeal and something was missed, it gets sent back down.

Can You Move Out Of Maryland Or D.C. With Your Child If The Other Parent Objects To The Relocation?

If the court approves it, you can move your child out of state. When the judge weighs the 17 factors regarding each parent, they may decide it’s in the best interest of the child to be moved out of state.

Notes From The Field: What Are The Long-Term Effects On The Child That You Encourage Parents To Consider Before Relocating?

I always encourage parents to get their children into counseling. When I recommend that, often the reaction I get is, ” My children are fine.” In divorce cases, children frequently travel between parents, and each household has different rules. This can be confusing for a child.

Still Have Questions? Ready To Get Started?

For more information on moving out of state with your child in Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 253-5922 today.

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