After a divorce, there are plenty of reasons why either parent might want to relocate to another area. If you are the custodial parent of your children, you may need to petition the court for the right to relocate.
On the other hand, if your spouse has primary custody of your children and wants to move, a Rockville relocation lawyer can help advocate for your needs and the best interests of your kids. Whether you want to relocate for a new job, to be closer to family, or just for a fresh start, an experienced attorney from our firm can help protect your rights.
What Happens When a Custodial Parent Wants to Relocate?
During the divorce proceedings, a custodial parent may generally not relocate with the children. However, post divorce, a custodial parent may decide to move out of state. It is not always clear if the custodial parent has a right to move or not. Before relocating, a parent must notify the non-custodial parent of their intended move, and if the non-custodial parent doesn’t agree, he or she should file an emergency petition with a Rockville court to prevent the custodial parent from leaving the state with the minor children.
In addition, the non-custodial parent must file a motion for modification of custody and access and request a hearing. Since the hearing could take many months to be scheduled, it is important to get the court to order that the minor children must stay in the State of Maryland pending the decision by the trial judge at a modification hearing.
If both parents agree with the proposed relocation they should modify their written custody agreement spelling out the specific terms of their new agreement. A Rockville relocation attorney would be familiar with local court procedures and can assist with meeting deadlines, filing documents, and providing the necessary evidence.
Important Factors in a Relocation Case
If there is a court hearing, the judge will examine evidence provided with the relocation request and make a decision based on the child’s best interests. A Rockville court would consider the following factors, along with many others, when determining whether a parent’s proposed relocation is in their child’s best interests:
- The child’s age and their mental and physical health
- The character and reliability of both parents
- The child’s preference for moving or staying (if they are of reasoned judgment)
- How the move may affect visitation for the non-custodial parent
- The reason for the proposed move
A local family law judge must evaluate how a proposed move will impact a child. Whether a parent wants to move, or a non-custodial parent wants the children to stay, a relocation lawyer in Rockville can work diligently to protect either party’s rights.
Call a Rockville Relocation Attorney Today
If you are looking to move or are in opposition of your child’s other parent moving, a Rockville relocation lawyer can help you meet deadlines and submit a request that best supports your position. Whether you want to make a move, or you do not want your children to move, an attorney with experience in relocation cases can advocate on your behalf. You must act swiftly in these cases.
It is stressful to adjust to life after divorce, and custody and visitation arrangements ordered by the court must be upheld. If you need help with protecting your children’s best interests, contact our firm to explore your legal options with a professional.