Military man shaking hand to little daughter

In families with separated or divorced parents where one parent serves in the military, one of the most challenging issues that those families may face occurs when a military parent receives orders to transfer to a duty station in another state or country or to deploy overseas for action. A military parent’s prolonged or permanent relocation to a new jurisdiction can complicate custody arrangements for families. When a separated couple has a parent in the military who receives orders to relocate, how do Maryland courts handle relocation orders for child custody and visitation? 

Legal Overview: Custody and Relocation in Maryland

When a military parent’s relocation orders upend a family’s custody arrangement in Maryland, parents may ask the court to modify the custody arrangement. In all custody proceedings, courts in Maryland must prioritize the best interests of the child or children subject to the custody order. Any custody arrangement must serve the child’s or children’s interests, even if the arrangement makes things more challenging for one or both parents. 

If a military parent with primary physical custody receives relocation orders, they may petition the Maryland court to relocate with the couple’s children. However, the court will not automatically grant the petition even though the parents must move to another jurisdiction for their military service. A military parent who wishes to relocate with their child or children must notify the other parent and request the court’s approval at least 90 days before the proposed relocation. In most cases, a relocation request will trigger a custody modification hearing, at which the court may grant a military parent’s request to relocate with their child or children or transfer primary physical custody to the other parent with visitation rights (both in-person and virtual) to the military parent. 

Factors Maryland Courts Consider in Military Relocation Cases

In determining a child’s best interests during a custody proceeding, courts will consider various factors, including:

  • The willingness of the parents to communicate and reach shared decisions regarding their child’s welfare
  • The willingness of the parents to share custody
  • Each parent’s fitness to parent
  • The nature of the relationship between the child and each of their parents
  • The potential disruption of a proposed modification to a child’s social life and education
  • The geographic proximity of the parents’ homes
  • The demands of each parent’s employment
  • The age and number of children shared by the parents
  • The sincerity of a parent’s request for relocation or modification
  • The parents’ respective financial status
  • Any effect on state or federal assistance
  • The child’s or children’s preference, if the court finds them mature enough to express a reasoned preference

Military Protections and Legal Considerations

Family figure and judge's gavel

Military parents have certain procedural protections in custody cases afforded to them by federal law, including the Servicemembers Civil Relief Act. These protections may allow for delays in custody proceedings when military servicemembers receive orders for deployment or otherwise cannot attend court hearings due to their military service. Maryland courts also account for a military parent’s service obligations when deciding custody and do not seek to penalize a parent for their service. During temporary or prolonged deployment or duty assignments, courts may enter temporary custody orders to reflect the family’s geographic distance, which may include flexible visitation and remote parenting time options, with the intent to revisit custody once a military parent’s service obligation ends.

In addition, under Md. Family Law Code Ann. § 9-108, a servicemember in Maryland has 30 days after the end of their deployment to petition the court for a modification of an existing child custody or visitation order. When such a petition is filed within this 30-day window, the court must schedule a hearing on an expedited basis. If extenuating circumstances prevent the servicemember from filing within that period, the court may still expedite the hearing upon receiving a petition that references the date the deployment ended.

Contact a Military Family Lawyer Today

When you receive orders to deploy or to transfer to a new duty station in another state or country, you need experienced legal counsel to advocate for your rights and interests as a parent. Contact Patriots Law Group today for a confidential consultation with a military family law attorney to learn more about how Maryland family courts handle custody and visitation issues when a military parent must relocate to a new station.