Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Maryland, parental relocation involves a parent wishing to move to a different city or state with their child, which can affect existing child custody arrangements. Maryland law requires that a parent with primary physical custody or shared physical custody who intends to relocate must provide notice to the other parent. This notice must be given at least 90 days before the intended move, or within 20 days after learning of the need to move if it was not reasonably foreseeable. If the non-relocating parent objects to the move, they may file an objection with the court, and a hearing will be scheduled. During such a hearing, the court will consider the best interests of the child, including factors such as the potential benefits of the move, the feasibility of maintaining the child's relationship with both parents, and the reasons for the relocation. If the court finds that the relocation is in the child's best interests, it may allow the move and adjust the custody order accordingly. If the parents agree on the relocation terms, they can modify the custody agreement with the court's approval. However, if they cannot agree, the court will decide based on the child's best interests.