If a new job, a family need or a lower cost of living has you thinking about moving, your custody order may raise a hard question: can you take your children with you? In Maryland, the answer depends on how the move affects the other parent’s time with your children. Here is how that works.
A move that disrupts your schedule can reopen your custody order
Maryland does not ban moving with your children, but it does not guarantee your right to move either. It also sets no mileage limit that automatically counts as a relocation. A court can require, and custody orders often require, at least 90 days’ written notice before a move, whether within Maryland or out of state.
Your custody order, the court order that sets where your children live and when each parent has them, may include those notice terms, so it helps to read it first.
If both parents agree and the move does not disrupt the schedule, you may be able to move without a court case. If the move would make your schedule unworkable, a law that took effect October 1, 2025 treats even your proposal as a “material change in circumstances,” meaning a significant change since the order was issued. That lets a court take a fresh look at custody and parenting time.
The court decides based on your child’s best interests
Once the order is reopened, the court looks at your child’s best interests, and neither parent starts with an advantage. Maryland law lists 16 factors a court may consider, including your child’s relationship with each parent, your child’s daily needs, and where each parent lives and how that affects parenting time, school and activities.
The judge must explain the findings for each factor, so the details of your plan may carry real weight.
Getting legal guidance on relocating with your children
Because a proposed move can reopen a custody order, the timing of planning and notice before you move may matter. An attorney who handles child custody can review your order, help you build a plan that protects parental relationships, and explain whether the order needs to change.
If your order needs updating, it’s worth understanding the modification process. Outcomes vary, but understanding the rules before you move may help you protect your time with your children.
