Can a Judge Keep a Divorced Parent from Relocating?

 Posted on March 23, 2025 in English

Many times, parents who divorce remain in the same area where they lived as a couple. Being within close driving distance makes it easier for their children to maintain relationships and spend time with both parents, which is often in their best interests. However, parents may want or need to move. The relocating parent must notify the court of the proposed move, and the court will approve or deny the request.

Although a judge cannot prevent an adult from relocating, he or she can make adjustments to primary custody arrangements and keep the children from moving with that parent. Whether you want to take your children with you when you move or wish to keep your ex from leaving the area with them, you need an experienced Rockville, MD family law attorney. We will work to achieve your goals while keeping your children’s best interests in focus.

Do I Have to Notify My Ex If I Plan to Relocate With Our Children?

Unless there is an emergency or notifying your co-parent ahead of your move would endanger yourself or your children, you are required to notify both the court and your ex at least 90 days before a relocation. The three-month period allows enough time to address disputes and modifications to child custody, child support, visitation schedules, and other terms of your parenting plan.

Your attorney can help draft your notice or dispute a notice you received. We can also help you reach agreements with your co-parent or present your side of any disputes to the court.

What Do Courts Consider in Parental Relocation Disputes?

As with any matter involving your minor children, the court is required to protect the children’s best interests. In most cases, the court wants to minimize the disruption to the children’s lives.

While younger children may not be as negatively impacted by transferring to a different daycare or school, for example, older children who have strong ties with their friends and are active in extracurricular activities could face significant disruptions in their lives by moving. Older teens who have jobs could lose them.

Children often keep strong relationships with both parents after a divorce. Moving far away will likely mean less parenting time with the non-custodial parent. The court must also consider the potential consequences to children’s emotional well-being and ties to both parents.

Another consideration is the reasons why a custodial parent wants to move. Those reasons may include:

• A better housing situation

• A promotion or job that requires relocation, including military deployment or assignment

• A lower cost of living

• Being closer to other family members

• Educational or healthcare opportunities in the new area

• Putting distance between the children and an abusive ex/co-parent

Co-parents do not always agree on what is best for their children. Whether because of sincere concern for the children’s welfare or another reason, requests for parental relocation with the children often bring disputes. As your advocates, we will present a compelling case to the court to achieve your goals.

Contact Our Rockville, MD Parental Relocation Lawyers

When a proposed parental move is imminent, you need an effective Montgomery Village, MD family law attorney from Salvado Law Offices to advocate for your children’s best interests and protect your parental rights. Call 301-933-1814 or contact us online today to learn more about how we can help. Se habla Español.