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Trying to Relocate with Your Children After a Divorce? What You Need to Think About.

When parties divorce, there are unforeseen circumstances that arise in the future. It’s not uncommon to experience substantial change in life events such as a change in career (particularly if you are in the military or work for a corporation that relocates personnel), or potential new spouse.

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See Md. Ann Code, Family Law Art. § 9-104, Taylor v. Taylor, 60 Md. App. 268, 482 A.2d 164 (1984), judgment vacated, 306 Md. 290, 508 A.2d 964 (1986), Montgomery County v. Sanders, 38 Md. App. 406, 420, 381 A.2d 1154 (1977), and Ross v. Hoffman, 280 Md. 172, 372 A.2d 582 (1977).

[7] 38 Md. App. 406, 420, 381 A.2d 1154 (1977) (“The criteria for judicial determination [of child custody] includes, but is not limited to the 1) fitness of the parents; 2) character and reputation of the parties; 3) desire of the natural parents and agreements between the parties; 4) potentiality of maintaining natural family relations; 5) preference of the child; 6) material opportunities affecting the future life of the child; 7) age, health and sex of the child; 8) residences of parents and opportunity for visitation; 9) length of separation from the natural parents; and 10) prior voluntary abandonment or surrender.” (internal citations omitted).)

[8] See Braun v. Headley, 131 Md. App. 588, 608-609; 750 A.2d 624 (2000) (including its analysis of Domingues v. Johnson, 323 Md. 486; 593 A.2d 1133 (1991)).

[9] Levitt v. Levitt, 79 Md. App. 394, 556 A.2d 1162, cert denied, 316 Md. 549 (1999).

[10] Roginsky v. Blake-Roginsky, 129 Md. App. 132, 141 (1999).

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