When parents separate, even when they agree on a custody and access schedule, that may not be the end of the child custody issues. In some cases, one of the parents decides to relocate after the original custody arrangement was established.
There was always a concern that a parent’s relocation would mean less time for the children with the other parent, whether it was an in-state or out-of-state move. And, that once the child moved, it would be too late for the court to order a return to the custody arrangement that was in place before the relocation.
The current law mandates that a parent may get an expedited hearing on child custody if the other parent moves 40 or more miles from their present residence.
In the 2023 legislative session, the Maryland General Assembly made it easier for the parent who is not moving to obtain an expedited hearing when the relocation would significantly interfere with that parent’s current access to the children. The new law, which takes effect on October 1, 2023, eliminates the mileage threshold and provides that an expedited hearing will be scheduled if the relocation would significantly interfere with the children’s time with the parent who isn’t moving regardless of how far the child’s new home would be from their previous residence.
This has been prepared by Tydings for informational purposes only and does not constitute legal advice.