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Thyden Gross and Callahan LLPCounselors and Attorneys at Law



Maryland Divorce Legal Crier

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Notice of Intent to Relocate with Children

Section 9-106 of the Family Law Article of the Maryland Code provides that the Court may, in any custody or visitation proceeding, include a notice provision for intent to relocate in its order.  It is not automatic.  You have to ask for it.

The provision is so that the non-custodial parent has a chance to go to court and seek a change in custody or visitation.

The problem up to now has been that the notice period is 45 days and that has not been enough time to obtain a hearing date.  So the move usually has already happened by the time you get in front of a judge.  The home has been sold.  The kids have been enrolled in a new school.

So Section 9-106 has been revised, effective October 1 of this year, to provide for a 90 day notice period.  And if you file a petition within 20 days of receiving notice, the court will give you an expedited hearing.

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2 Responses to “Notice of Intent to Relocate with Children”

  1. Kristin Says:

    What is there isn’t a Notice of Provision for Intent to Relocate?

  2. James J. Gross Says:

    Then you don’t have to give or get notice of a move. But you can still file for a change in custody.

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