Custody issues can get complicated when one parent wants to move. There is a presumption that relocation by the custodial parent will be permitted, but the non-custodial parent has the right to object. Things are not so straightforward, however, when the parents share custody equally.
A father recently appealed a court’s denial of relocation where the parents shared custody. The couple divorced in 2012. The child resided with the mother the majority of the time until 2016. In 2016, the court approved an agreed-upon parenting plan that split residential time equally on a 50/50 basis. The designated both parents as having “equal rights and responsibilities…”
The plan also provided that either parent who planned to move would give notice to anyone entitled to court ordered time with the child. The father filed a notice in April, 2017, stating his intent to move with the child. His current wife was entering a five-year residency in emergency medicine and pediatrics in Baltimore, and he planned to join her there.