Child Abduction and Child Relocation Laws in Maryland

If you are the custodial parent, you may be wondering whether you are permitted to relocate out of the state with your child. Whether the move is in connection with a new job, to be closer to family, or another reason, it’s essential to understand that you cannot simply remove your child from the state or country. If a custody order is in place, you would need the consent of the court or the other parent to relocate with the child. Importantly, there are strict laws in place in Maryland to prevent child abduction and parental kidnapping.

What is the Maryland Child Abduction Prevention Act?

On October 1, 2023, a new law went into effect in Maryland called the “Maryland Child Abduction Prevention Act.” This statute is meant to prevent child abduction and parental kidnapping by defining what abduction is, providing courts with the authorization to issue travel limit or visitation restriction orders, and establishing a framework to assess risk factors that may be used as evidence for a preventative order.

How Does the Maryland Child Abduction Act Prevent Parental Kidnapping?

The Maryland Child Abduction Prevention Act is a proactive — rather than a reactive — measure that was put into place to prevent parental kidnapping before it occurs. It addresses both domestic and international abductions, defining abduction as “the wrongful removal or retention of a child.” Under the law, a parent can petition the court for an abduction prevention order if they believe there is credible evidence that the other parent will remove the child. A court can also issue such an order on its own motion.

The law outlines a number of factors as evidence for an abduction prevention order, including the following:

• Previous evidence of abduction
• Any previous attempts at abduction
• A parent abandoning their employment
• A parent selling their primary residence
• Terminating a lease
• Closing a bank account
• Liquidating assets
• Hiding or destroying assets
• Conducting unusual financial activity
• Applying for a passport
• Obtaining travel documents for the child
• Previous domestic violence, stalking, child abuse, or neglect
• Lack of family, financial, emotional, and cultural ties to the State and the United States
• Strong ties to another state or country
• Has had an application for citizenship denied
• Has used multiple names in attempt to defraud
• Has forged or presented misleading false evidence on government forms to obtain a passport or travel documents

There are a wide range of measures a court can implement to prevent parental kidnapping. For instance, a judge may impose travel limits, alter visitation rights, or have law enforcement take custody of the child. A parent who fails to abide by an abduction prevention order can face monetary fines, and both civil and criminal penalties.

When Will a Court Allow Relocation?

If you are looking to move with your child, it’s important to understand how relocation impacts child custody. Significantly, a custody arrangement must promote the best interests of the child first and foremost. Parents should consider the child’s well-being, routine, and relationship with both parents before making the decision to relocate. Relocation can sometimes require a modification of an existing custody agreement — particularly in cases where the non-custodial parent’s ability to maintain a meaningful relationship with the child would be impacted.

Under Maryland law, a custodial parent must provide the other parent with 90 days’ notice of their intention to relocate, except in emergency situations. Failure to do so can lead to parental kidnapping charges. The other parent is entitled to contest the relocation and file an objection in court if they disagree with the move.

In determining whether relocation is in the child’s best interests, a court would consider a variety of factors, such as:

• The child’s bond with each parent
• The child’s age and developmental needs
• The reason for the relocation
• The impact of the move on the child’s education and social life
• The relocating parent’s ability to facilitate a meaningful relationship between the child and non-relocating parent

Courts in Maryland typically allow for relocation when there is good reason for the move, or the move will provide the child with stability and better educational opportunities. For example, relocating due to a good job opportunity would be viewed much more favorably by the judge than a move that is motivated by parental alienation. In the event the court allows the custodial parent to relocate with the child, the custody agreement may need to be modified in order to account for the changes. Parents may need to create a new parenting plan, determine transportation details, and decide how transportation costs will be shared.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you are considering relocating with your child or are contesting the other parent’s relocation, it’s essential to have a family law attorney by your side who can best advise you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are committed to providing you with reliable legal services for a wide variety of family law matters, including those involving child custody issues. Whether mediation, litigation, or the collaborative approach is used, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.