RELOCATING WITH CHILDREN

In the present day and age, people move and relocate around the country and around the world with greater frequency than ever before.  Many people in this situation have very similar questions about moving and relocating with their children and current custody agreements.  They ask questions like:

Can I move to another state without my child’s mother's/father’s permission? 

Will a judge grant me custody so I can move to another state? 

My ex-husband/ex-wife will not sign for a passport, what can I do?

If a court has to decide a relocation issue, it will do so by determining what is in the child’s best interests.  The child’s best interest is a legal standard that looks at all aspects of the child’s and parents’ lives.  This standard is used in all child custody cases.  In a relocation case, the courts in both Washington, D.C. and Maryland consider additional factors specific to the relocation. 

Child custody determinations, though based on a legal standard, are discretionary.  This means that the judge has broad authority to determine what is in the child’s best interests.  However, there are certain scenarios that make a particular outcome more likely, though not certain, by any means. 

For example, one parent may have primary physical custody and the other parent may be barely involved, if involved at all.  If the relocating parent is moving to a situation with ample resources and social support, the relocating parent may have a strong case.   Again, the judge has broad discretion to make determinations in the child’s best interest.  Please consult an attorney for specific questions regarding your case. 

DISCLAIMER: The information contained herein is intended to be legal information not legal advice.  No attorney-client relationship is established by any actions or inactions taken.