If there is a motion to modify custody in progress am I legally allowed to move from Maryland to Delaware (20 miles away). I understand the move would grant a material change in circumstances.
I fully agree with the answers previously provided and would echo the sentiment that more information is needed AND, as we often say, "it depends". I know the shore, and 20 minutes into Delaware may or may not be a material change. My inlaws live in a neighborhood that is half in MD half in DE. So, whether you can move depends on the terms of any existing orders and the preference/s of your Court/locality. There is no statutory definition of a material change - it depends on the facts. And, even if a change may be material, one would still need to demonstrate that a modification of custody as a result of said change (like returning the children to MD or letting them move to DE, for example) is in the best interest of the children. See a local attorney to get a realistic assessment of your facts - good luck!
There is no law prohibiting the move but an existing court order could create a contempt. Either way whether this is a good or bad idea or whether you have options requires more info.
This is not to be considered legal advise and no attorney client has been established.
Of course you can move, but the court might later order you to return your child(ren) back to Maryland to reside with the other parent. Until there is a court order authorizing you to take your child(ren) out of Maryland, there is always a risk the child(ren) might have to return. When making its decision about whether the child(ren) can move out of state with you, the court will consider the status of custody and visitation, the willingness of each parent to foster a continued relationship with the other parent and everything which affects the best interest of the child(ren). You can benefit from a consultation with an attorney who can provide legal advice and guidance.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
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