Legal Information: Maryland

Custody

Updated: 
November 13, 2017

Do I have to notify the court if I want to move with my child?

In any custody or visitation case, the judge may include a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, when the permanent residence of either the parent or the child is going to be relocated (within the state or to another state).1  However, if you can show that this type of written notice would expose the child or either party to abuse (as defined by law) or that there is another good reason not to give the notice, the judge can do away with the notice requirement.1

If the judge orders you to give written notice to the other party, it means that the notice has to be mailed by certified mail, return receipt requested, to the last known address of the other party.3  Note: If you cannot give the full 90 days’ notice because relocation was necessary due to financial or other extenuating circumstances, the other parent may bring you to court for failing to follow the notice procedures.  However, if you gave the required notice within a reasonable time after learning of the need to relocate, the judge may consider this if the other parent brings you to court for not giving him/her the full 90 days’ notice.4

If either party files a petition regarding the proposed relocation within 20 days of the written notice, the judge must quickly schedule a hearing.5

1 Md. Code, Fam. Law § 9-106(a)(1)
2 Md. Code, Fam. Law § 9-106(b)
3 Md. Code, Fam. Law § 9-106(a)(3)
4 Md. Code, Fam. Law § 9-106(c)
5 Md. Code, Fam. Law § 9-106(a)(4)