lovemypeanut
recently joined
Reged: 06/27/12
Posts: 1
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I was awarded sole custody (residential and legal) seven years ago. Since then, child's father has moved out of state and then back but continues to travel extensively for work and is rarely home for visitation. He is absent for his every-other-weekend visitation I would estimate conservatively 40% of the time. Unfortunately our relationship is terrible and is often fueled by his new wife.
Anywho....
My question is this...In our custody papers, it does not discuss procedure if I choose to relocate. It does mention his as noncustodial. The courts were very aware at the time that I had moved across country to help facilitate our child's relationship with father but they still mentioned nothing in the court papers about future relocation.
I am just wondering about the law and whether or not I need to contact the courts before I move or if a letter after I have moved is fine. I have told father about my desire to move back home and he is not happy and told me it will not happen.
Please, I do not want to hear any judgement because there is so much to our history....just need legal guidance on the procedure.
BTW....I have offered plane tickets and I have NEVER interfered with any visitation with his dad.....but his dad is NEVER here for visitation but insists on son going to spend time with his wife, which has landed our kiddo in therapy. I have proposed a very generous visitation schedule and also if his dad is in our area, then of course I would expect them to spend time together. I just don't want to stay in Maryland any longer when my family is on the west coast and can no longer continue to travel back here to visit because of their growing families. I cannot afford to travel often because I am on disability since I was diagnosed with cancer and cannot work. I don't think his dad is arguing because of time lost but rather control and the loss of the potential gain of trying to get custody modified to shared to reduce his support because he never sees his kiddo, never calls, not involved with extra-curriculars, etc.....
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7784
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I checked online and here is how it reads for Maryland.
Md. FAMILY LAW Code Ann. § 9-106 (2012)
§ 9-106. Notification prior to relocation of child
(a) In general. --
(1) Except as provided in subsection (b) of this section, in any custody or visitation proceeding the court may include as a condition of a custody or visitation order a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, of the intent to relocate the permanent residence of the party or the child either within or outside the State.
(2) The court may prescribe the form and content of the notice requirement.
(3) If the court orders that notice be given to the other party, a mailing of the notice by certified mail, return receipt requested, to the last known address of the other party shall be deemed sufficient to comply with the notice requirement.
(4) If either party files a petition regarding a proposed relocation within 20 days of the written notice of the relocation required by paragraph (1) of this subsection, the court shall set a hearing on the petition on an expedited basis.
(b) Waiver. -- On a showing that notice would expose the child or either party to abuse as defined in § 4-501 of this article or for any other good cause the court shall waive the notice required by this section.
(c) Violations -- Defenses. -- If either party is required to relocate in less than the 90-day period specified in the notice requirement, the court may consider as a defense to any action brought for a violation of the notice requirement that:
(1) relocation was necessary due to financial or other extenuating circumstances; and
(2) the required notice was given within a reasonable time after learning of the necessity to relocate.
(d) Violations -- Effect. -- The court may consider any violation of the notice requirement as a factor in determining the merits of any subsequent proceeding involving custody or visitation.
HISTORY: 1995, ch. 232; 2009, ch. 531.
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