If it’s a contested case, it’s always open for an opposition during the process. You should fight the case at the earliest possible stage if you’re going to contest it. If you do get a bad decision that you believe was in error, you can file a motion to reconsider, alter, or amend the judgment within 30 days of the decision (though it’s better to file the motion within ten days). You can ask for an en banc review of the decision. You can appeal to a higher court within 30 days. Your appeal would be reviewed by the Court of Special Appeals, which is a lengthy process that can take several months. But you do have the right to appeal if you got a bad decision.
On the opposite side of challenging, some parties don’t respond to modification requests. When that happens, the initiating party would have to file a default action to excuse the non-responding party from the case. The courts usually vacate those defaults, however, in custody cases, which deal with the best interest of the child if and when the non-responding party appears.
What Must A Parent Prove To The Court In Order To Be Granted Permission To Relocate?
For relocations, the parent who has primary custody will sometimes just move, and if the other parent has visitation, they would be in contempt of that visitation if they move to a place where the other parent cannot exercise visitation. If you go through the courts to get permission to move, the court will decide based on what’s in the best interest of the child.
In a case where the child has lived primarily with one parent for a period of time, they might award custody to the moving parent. Case law supports stability, so when the Court evaluates any disruption to the child’s life, it looks at whether uprooting the child and moving them will be detrimental to their stability. In some cases, they will order the child to remain in the area with the parent who stays. There is no simple formula or solution.
Will The Court Change The Visitation Schedule After A Relocation That Requires Significant Travel Times?
A move of a great distance verifies a material change in circumstances. Once you have established that, you have grounds to modify the visitation schedule, and then the court will determine the best alternative schedule.
Can I Appeal A Relocation Decision Granted By The Court?
You can appeal any decision by the court, including relocation decisions.
For more information on Modifications to Divorce Decrees, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (240) 472-8664 today.