How Maryland Courts Handle Relocation And Custody Disputes

Relocation cases in family law are often highly emotional and legally complex. When a parent wants to move to another city or state with a child, the court must determine whether the move suits the child’s best interests. One important Maryland appellate case on this issue is Kurdziel v. Montenegro. This case helps clarify what courts consider when one parent seeks to relocate and the other objects to the move.

Background of the case 

In the Kurdziel case, the parents were sharing custody of their young child when the mother decided she wanted to move to another state. She said the relocation would give her better job opportunities and access to more support from family and friends. The father, on the other hand, didn’t agree. He was worried that the move would weaken his bond with the child and make it harder to stay involved in day-to-day parenting. Despite his concerns, the trial court sided with the mother, allowing the move and adjusting the custody arrangement to reflect the change.

When the Maryland Court of Special Appeals looked at the case, it focused on whether the lower court had done its job weighing the best interests of the child. This is supposed to be the core of any custody decision in Maryland. Instead, it emphasized that every case like this depends on the details. These include: the people involved, the nature of the move, and how it might actually affect the child in real life, not just in theory.

Key legal takeaways 

The Court, in this case, clarified several important points:

• There is no automatic rule for or against relocation – Maryland courts do not favor one parent simply because they wish to move. Nor do they favor the parent who remains local. The focus stays on the child, not the parents’ personal preferences.

• The court must examine how the move will affect the child’s relationships – If relocation threatens to significantly weaken the child’s bond with the non-moving parent, the court must weigh that concern heavily.

• The court considers practical realities – The judge must evaluate things like travel time, school stability, support networks, work schedules, and each parent’s ability to provide consistency.

• Custody may be modified if relocation changes the parenting dynamic – If one parent moves and the distance makes shared arrangements unworkable, the court may adjust custody and visitation to best serve the child’s needs.

Why this case matters 

Kurdziel makes it clear that relocation cases aren’t about choosing sides or punishing one parent over the other. The court’s job isn’t to decide who “deserves” to move or stay; it’s to carefully weigh how the move will actually impact the child. This means looking at things like the child’s emotional well-being, how easily they’ll be able to stay connected with both parents, whether their education will be disrupted, and whether they’ll continue to feel safe and secure.

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

Schlaich & Thompson, Chartered, represent the interests of Maryland residents during child custody battles or parental relocation. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/maryland/court-of-special-appeals/2020/2860-18.html