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Non-Custodial Parent wants to move out of State. How will it effect visitation, if at all?

Westminster, MD |

Currently my husband is the non-custodial parent of his 2 daughters. We currently live about 40 miles from the mom/kids. We need to save money and my husband needs a job, so we are moving just over the state line into West Virginia (literally 10 miles outside of Maryland). My husband has a job opportunity there, he's currently unemployed, and needs to be able to pay child support. So we're moving ultimately to save money and for the kids. Once we move there we will be about 113 miles between us and the mom/kids. We are asking the mom to meet us about 45 miles from her home, we'll be traveling about 70 every other week, Can she refuse? Will he have to pay transportation costs? Does he have to contact the court and get permission? etc. Just want to make sure we do things by "the book".

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Attorney answers 1


He can move without compromising any of the existing terms of the custody and visitation Order. However, the custodial parent would be within her rights to refuse to meet him halfway or to share in the transportation costs if currently not required in the Order. He can petition the court for a modification, but the court may find that he voluntarily moved and may deny his request.