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It seems that MD law is clear on what the custodial parent cannot do without the courts permission- move out of state.
But what about the non-custodial parent with visitation rights that moves out of state? Arent they obligated to at least inform the custodial parent of this plan? |
| Why must they inform you? Is it interfering with visitation? |
No one needs to inform me of anything. Im trying to research this topic for a friend. A google search yielded a lot of entries on rules applying to the custodial parent. I wasnt able to find anything out about any rules about the non custodial parent in MD.
In other states, it seems that if the non custodial parent moves, then the custodial parent is also allowed to move. The rationale focuses on keeping the child in the most consistent location. But to your point, yes, if a parent with visitation moves far away obviously it would impact visitation, which impacts the child too? |
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I'm not in MD but...where I am and any other state I've heard of, both parents have to inform the other of their address (unless there is an special situation like an order of protection).
OP, if the non custodial parent moved long distance, the custodial parent can probably file for a move away too. They need to consult a lawyer. |
| Both parties must inform the other party if they move and provide the new address. |
But only the custodial parent must ask the courts permission, right? |
It depends what it says in the divorce agreement. |
Typically the custodial parent can move within a certain radius of their residence - like 25 miles or something. If the noncustodial parent moves, then they are responsible for maintaining their visitation with the child(ren). If they are too far away, then they forfeit some and may need to go back to court to change the visitation agreement to give them a bigger share of summer/school holidays. |
The NCP can go, no issue but they'd generally have to provide the transportation for visits. |
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OP here, thanks. I was just trying to get some preliminary info! I think all the detail matter too much to find much of use on the internet, but like I said, I did run into several attorney websites that seemed to indicate the rules for custodial parent in MD are stricter in that they cannot move out of state without getting the courts permission, but the non custodial parent does not have to go through the courts just to move.
In my friend's case her ex up and moved without telling her anything at all and she is concerned he will try to force her to pay for flights to california for visitation. I figured he couldnt do THAT without having to engage the lawyer. But she could not have done the same thing, just move without getting the courts permission. |
He does not need permission. He should pay for the flights. She could have moved. Courts rarely care. |
What?!? NO way, nooooo way. That is dead wrong. As the custodial parent, you absolutely cannot just up and move with the child(ren). Courts sure as hell DO care. Also, courts care if *either* parent moves without notification and approval/agreement. |
No, they don't care. I know several women who up and moved and refused Dad's any time with the kids let alone their parenting time. Courts did nothing but tell the mom's to give parenting time, redid the visitation schedule, etc. but when they choose not to follow it, the courts did nothing. Even with multiple court visits. |
Oh, it's the Angry Single Dad Troll again, pushing the BS narrative. |
OP here. To clarify, my friend was not the one who wanted to move. I was just pretty sure that her ex had to inform someone he was moving. I went searching for that information. It turns out the custodial parent is supposed to go through the courts if they intend to move, but I couldn't find an equivalent requirement for the non custodial spouse. |