If a parent has to move out of state for work or another reason, they may find it necessary to petition for a modification of their child custody agreement. Moving out of state or to a different country, which may be in violation of an existing custody order, could result in severe penalties.
If you are interested in relocating with your child, it is essential to speak with an attorney to discuss your legal options and obligations. A Frederick relocation lawyer can review your situation and advise you of whether you have a legal basis to file for a modification.
Important Considerations in Frederick Relocation Cases
While it may be possible to alter a custody arrangement without lengthy court appearances, the other parent may contest the proposed changes and thereby delay the process. When a party is petitioning to modify their child custody order to permit relocation, the court may look at many factors before deciding whether the request is justified. For example, a family law judge would consider how far away the parents will live from each other once the filing party relocates and how the move could affect the child’s life.
The relationship between a child and either parent could also be a significant factor in the court’s final decision. If the child is old enough, the court may consider their preferences when deciding whether or not to grant the petition. The capacity of each parent to nurture and provide a loving environment for their child as well as the consequences of the move on the child’s relationship with the rest of their family could also be key factors in the court’s final decision on whether to grant a modification.
The court would ultimately make a decision based on the child’s best interests. It is highly advisable to retain an experienced Frederick relocation attorney who can assist with this type of case. A member of our team can maximize a petitioner’s chances of achieving a favorable outcome and help ease the stress of navigating the court process.
Understanding Custody Rights
The complexity of a relocation case would partially depend on the nature of the filing party’s custodial rights. A parent who has joint legal custody with the other parent is required to make joint major decisions about the child’s wellbeing and upbringing, while a parent with primary physical custody of their child is who the child actually lives with and may have an easier time relocating.
Depending on the provisions of a child custody agreement, the relocating parent may be legally required to provide 90 days’ notice about their intention to move. A relocation lawyer in Frederick can help someone comply with the notice period and any other filing requirements.
It should also be noted that moving out of state does not relieve a party of any child support obligations they were previously ordered to pay. The relocating party must alert the state’s Child Support Administration prior to their move and continue meeting their child support obligation unless an order of the court modifies it.
Speak with a Frederick Relocation Attorney
A Frederick relocation lawyer could help you file a petition for modification of your child custody arrangement if you are moving out of state. Likewise, if your former spouse is requesting a change and you wish to contest the move, an attorney could help you seek enforcement of the current custody order. To discuss your legal options further, call our office and speak with a Frederick attorney about your case.