Maryland Custody Relocation Rules — Can You Move With Your Child?

Relocating after a custody order is in place — whether across the state or across the country — triggers a specific legal process in Maryland. You can't simply move and hope the other parent adjusts. Courts treat relocation as a potential material change in circumstances that can justify modifying the existing custody arrangement.

Notice Requirements

Maryland requires the relocating parent to give the other parent 90 days' written notice before moving under Family Law § 9-106.

Many parenting plans include a specific relocation notice clause. Check yours, but do not assume that a silent plan eliminates the statutory 90-day written-notice requirement under § 9-106.

What the Other Parent Can Do

Once the non-relocating parent receives notice, they have two options:

1. Consent to the move — Both parents negotiate a modified schedule and submit a consent order to the court
2. File a motion to prevent the move — The court holds a hearing to decide whether the relocation serves the child's best interests

If neither parent files anything and the move happens, the relocating parent risks being found in contempt of the existing custody order — particularly if the move disrupts the current schedule.

How Courts Evaluate Relocation Requests

There's no automatic right to relocate. The court evaluates the proposed move using the same 16 best-interest factors under Family Law Section 9-201, with particular attention to:

• The reason for the move — A legitimate job opportunity or family support system carries more weight than a vague desire for a fresh start
• The impact on the child's relationship with the non-relocating parent — A move from Baltimore to Frederick is different from a move from Baltimore to Seattle
• Whether a workable schedule can be maintained — Can the non-relocating parent still have meaningful, regular time with the child?
• The child's ties to the current community — School, friends, activities, extended family
• The child's preference — If old enough to express a mature opinion

In-State vs Out-of-State Moves

The key issue is whether the move makes the existing schedule impracticable. A relocation that does so triggers the modification process, and even an in-state move may require court involvement if it disrupts the existing order. A move that does not affect the schedule may not require a custody modification.

Protecting Yourself as the Relocating Parent

• Give written notice under § 9-106 at least 90 days before the move
• Propose a detailed alternative schedule showing how the other parent maintains meaningful time (summer blocks, school breaks, video calls)
• Document the legitimate reason for the move (job offer letters, family care needs, housing costs)
• Don't move before getting either written consent or a court order

Protecting Yourself as the Non-Relocating Parent

• File a motion promptly after receiving notice if you object to the move
• Document how the current schedule benefits the child
• Show your involvement in the child's daily life (school events, medical appointments, extracurriculars)

The Maryland Custody & Parenting Plan Guide includes a schedule comparison tool that models different parenting time arrangements — useful for building a realistic alternative schedule when relocation is on the table.

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