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- Code of Maryland (select sections)
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- Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action
- Subtitle 15. Peace Orders
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- Subtitle 3. Sexual Crimes
- Subtitle 8. Stalking and Harassment
- Subtitle 9. Surveillance and Other Crimes Against Privacy
- Title 6. Crimes Against Property
- Subtitle 3. Malicious Destruction and Related Crimes
- Family Law
- Title 4. Spouses
- Subtitle 5. Domestic Violence
- Part I. Definitions; General Provisions
- Part II. Household Violence
- Part III. Victims of Domestic Violence
- Title 5. Children
- Subtitle 2. Parent and Child
- Subtitle 7. Child Abuse and Neglect
- Title 9. Child Custody and Visitation
- Subtitle 1. In General
- Subtitle 3. Removal of Child from State; Child Abduction
- Subtitle 4. Missing Children
- Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act
- Subtitle 1. General Provisions
- Subtitle 2. Jurisdiction
- Subtitle 3. Enforcement
- Title 12. Child Support
- Subtitle 2. Child Support Guidelines
- Title 14. Adult Protective Services
- Subtitle 1. Definitions and General Provisions
- Public Safety
- Title 5. Firearms
- Subtitle 1. Regulated Firearms
- Article 1 to Article 9
- Article 1. Rules of Interpretation
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- Title 9. Family Law Actions
- Chapter 200. Divorce, Annulment, Alimony, Child Support, and Child Custody
- Title 15. Other Special Proceedings
- Title 17. Alternative Dispute Resolution
Subtitle 1. In General
back to top§ 9-106. Notice of intent to relocate
(a)(1) Except as provided in subsection (b) of this section, in any custody or visitation proceeding the court may include as a condition of a custody or visitation order a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, of the intent to relocate the permanent residence of the party or the child either within or outside the State.
(2) The court may prescribe the form and content of the notice requirement.
(3) If the court orders that notice be given to the other party, a mailing of the notice by certified mail, return receipt requested, to the last known address of the other party shall be deemed sufficient to comply with the notice requirement.
(4) If either party files a petition regarding a proposed relocation within 20 days of the written notice of the relocation required by paragraph (1) of this subsection, the court shall set a hearing on the petition on an expedited basis.
Exception to notice requirement
(b) On a showing that notice would expose the child or either party to abuse as defined in § 4-501 of this article or for any other good cause the court shall waive the notice required by this section.
Exception to time limit
(c) If either party is required to relocate in less than the 90-day period specified in the notice requirement, the court may consider as a defense to any action brought for a violation of the notice requirement that:
(1) relocation was necessary due to financial or other extenuating circumstances; and
(2) the required notice was given within a reasonable time after learning of the necessity to relocate.
Violation a factor in custody or visitation proceedings
(d) The court may consider any violation of the notice requirement as a factor in determining the merits of any subsequent proceeding involving custody or visitation.
Added by Acts 1995, c. 232, § 1, eff. Oct. 1, 1995. Amended by Acts 2009, c. 531, § 1, eff. Oct. 1, 2009.