Relocation Issues

Legal Guidance When a Parent Seeks to Relocate With a Child

When one parent seeks to relocate with a child — whether across the state, across the country, or internationally — custody arrangements and parenting plans may be significantly affected. Relocation cases require courts to carefully balance a parent’s right to move with the child’s best interests and the other parent’s right to maintain a meaningful relationship and attachment with the child. If litigated, the threshold inquiry is 1) whether or not such relocation is in the child’s best interests and relatedly 2) whether such relocation will substantially impair the relationship between the children and the non-relocating party.

In this highly transient area, having experienced legal counsel who can provide sound legal strategy in the face of relocation is critical. Bean, Kinney & Korman represents parents throughout Maryland, Virginia, and the Washington, D.C. region in relocation-related custody matters. We provide strategic counsel to parents seeking to relocate and to parents opposing relocation requests.

Our approach focuses on protecting children’s stability while advocating for our clients’ parental rights.

Relocation Legal Services

Relocation Petitions

Court petitions to relocate with a child
Understanding of the case law and standard associated with relocation.
Best-interest analysis preparation
Presentation of evidence regarding child-related benefits
Revised parenting plan proposals

Relocation requests must demonstrate that the move serves the child’s best interests.

Defense Against Relocation

Opposition to relocation petitions
Preservation of existing custody arrangements
Evidence of community and parental ties
Alternative scheduling proposals

Courts weigh the impact of relocation on the child’s relationship with both parents.

Modification of Custody Orders

Adjustment of physical custody schedules
Modification of legal custody provisions
Long-distance parenting plans
Holiday and summer scheduling adjustments

Relocation often requires a comprehensive restructuring of parenting time.

Interstate & International Relocation

Jurisdiction under the UCCJEA
Cross-border enforcement considerations
International custody implications
Hague Convention considerations (when applicable)

Jurisdictional strategy is often critical in relocation cases.

Factors Courts Consider in Relocation Cases

Relocation decisions are guided by both the “substantial impairment” and “best interests of the child” standards. Courts often consider:

The child’s age and needs
Educational opportunities
Stability and continuity
The quality of the relationship with each parent
The reason for the proposed move
The impact on the child’s relationship with the non-relocating parent

Each case is highly fact-specific and requires careful preparation.

Who We Represent

Our Relocation practice serves:

Divorced or separated parents
Never-married parents
Military families facing transfer orders
Parents with career-based relocation opportunities
Parents defending existing custody arrangements

We tailor strategy to each family’s circumstances and long-term goals.

Relocation Issues FAQs

Can a parent relocate without court approval?

If a custody order is in place, relocation typically requires notice to the other parent and, in many cases, court approval. Moving without proper authorization can negatively affect custody rights.

What must a parent prove to relocate?

The relocating parent must demonstrate that the move serves the child’s best interests and does not unreasonably impair the child’s relationship with the other parent.