Do I Need The Court’s Permission To Relocate With A Child?

If you have a custody agreement with a former spouse who would be impacted by your move, then you need either the spouse’s or the court’s permission to move with the child. During the hearing, you would have to argue that moving is in the child’s best interests. One Maryland court case in which relocation was at issue is Braun v. Headley, 131 Md. App. 588 (2000). In this article, we’ll discuss the case and how it applies to Maryland law.

Background of the case 

In Braun v. Headley, the parents, who were never married, shared custody of their son in Maryland. The mother, Braun, wanted to relocate with her child to Arizona. The father, Headley, objected to the move and sought custody of the child. The trial court found that the relocation was a material change in circumstances and transferred custody to the father, concluding that remaining in Maryland served the child’s best interests.

The issue then became: Does a parent’s relocation constitute a “material change in circumstances” that justifies revisiting the custody agreement? In addition, does changing custody due to relocation infringe on the custodial parent’s constitutional right to travel?

The appeal 

In this case, the Court of Special Appeals affirmed the trial court’s decision. If the mother wanted to move, she would have to surrender custody of her child to the father. In addition, a parent’s decision to relocate can indeed constitute a “material change in circumstances” for the purposes of revisiting the custody agreement. Ultimately, the courts will always base its decision on the best interests of the child and not the rights of the parent. The court, thus, rejected the argument that the mother’s constitutional right to travel outweighed the child’s welfare considerations.

To arrive at its decision, the court relied heavily on Domingues v. Johnson (Md. 1991). The Domingues case established that relocation can trigger a custody modification review. The court also applied the Taylor v. Taylor and Montgomery County v. Sanders factors, which guide Maryland custody cases, including stability, parental fitness, and the ability to maintain family relationships.

In this case, the court stressed that the best interest standard must be the more important factor even when a parent’s relocation stems from legitimate personal or professional reasons.

Thus, the custody modification was upheld because relocation risked disrupting the child’s established support systems and their relationship with the father.

Braun v. Headley is a prime example of a Maryland case that clarifies that parental relocation can justify a custody modification. It illustrates how Maryland courts balance parental freedoms against the best interests of the child standard. The case is often cited alongside Domingues v. Johnson to manage relocation disputes.

Talk to a Bel Air, MD, Child Custody Lawyer Today 

Schlaich & Thompson, Chartered, represent parents who are attempting to relocate with their children. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Sources:

casemine.com/judgement/us/59147e53add7b0493444e8dd

casemine.com/judgement/us/59148860add7b049344f2b25#:~:text=The%20mother%20appealed%20and%20the,the%20welfare%20of%20the%20children.