§ 9-106. Notification prior to relocation of child

   (a) In general. --

   (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.

(b) Waiver. -- 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.

(c) Violations -- Defenses. -- 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.

(d) Violations -- Effect. -- 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.

HISTORY: 1995, ch. 232; 2009, ch. 531.