Do I Need My Former Spouse’s Consent To Relocate With The Children In Maryland?
If you are the parent who has primary custody of the children, you may, at some point in your life, want to relocate to another state. The move could be in connection with a new job, to be closer to your family, or anything else. It’s imperative that you understand that you cannot simply relocate your children on a whim. If there is a custody order in place, you will need the consent of the court or the other parent to relocate with your child. Maryland has strict laws in place to prevent child abduction and parental kidnapping.
What is the Maryland Child Abduction Prevention Act?
On October 1, 2023, the Maryland legislature passed the “Maryland Child Abduction Prevention Act.” This statute is meant to prevent a parent from absconding with their children. It does so by defining what constitutes parental kidnapping, abduction, and providing the court with the authorization to limit travel, restrict visitation, and establish a framework to assess risk factors that could be used as evidence for a preventative order.
How does the Act prevent parental kidnapping?
The Maryland Child Abduction Prevention Act is proactive, rather than reactive. The measure was put into place to prevent parents from kidnapping their children before it occurs. The Act addresses both domestic and international abductions. It defines abduction as “the wrongful removal or retention of a child.” Under this law, a parent can petition the court for an abduction prevention order when they believe there is a credible reason to suspect the parent might abscond with the child.
The Act outlines numerous factors as evidence for an abduction prevention order. These include:
- Evidence of a previous abduction
- Previous attempts at abduction
- A parent who abandons their employment
- A parent who sells their primary residence
- A parent who terminates a lease
- Closing a bank account
- Liquidating assets
- Hiding or destroying assets
- Unusual financial activity
- Applying for a passport
- Obtaining travel documents for the child
- Evidence of domestic violence, stalking, child abuse, or neglect
- Lack of familial, financial, emotional, or cultural ties to the State of Maryland or the United States
- Strong ties to another country
- Recently had an application for citizenship denied
- Has used multiple names in an attempt to defraud
- Has forged misleading evidence on government forms to obtain a passport or travel documents
Judges can impose a wide range of measures to prevent parental kidnapping. As an example, a judge might impose travel limits, alter a parent’s visitation rights, or have law enforcement take custody of the child. A parent who fails to abide by an abduction prevention order can face both civil and criminal penalties.
Talk to a Bel Air, MD Child Custody Attorney Today
Schlaich & Thompson Chartered represents the interests of Bel Air residents during child custody hearings. Call our Bel Air family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
