A child custody order may have worked well when it was first entered, but families and children change. A parent's work schedule may change, a child may begin attending a different school, one parent may relocate, or new concerns may arise regarding a child's education, medical care, or overall well-being.

When circumstances change significantly, a parent may wonder whether a Maryland court will modify an existing custody order.

Maryland Courts Generally Require a Material Change in Circumstances

A parent seeking to modify custody generally must first establish that there has been a material change in circumstances since the existing custody order was entered.

Not every disagreement or change will meet that standard. The change must be significant enough to potentially affect the child's welfare or the existing custody arrangement.

Depending on the circumstances, issues that may be relevant can include:

• A substantial change in a parent's living situation or availability;

• A parent's relocation;

• Significant changes in a child's educational, medical, or developmental needs;

• Ongoing problems with the existing parenting schedule;

• A parent's repeated failure to follow the custody order;

• Serious communication or co-parenting difficulties affecting important decisions for the child; or

• Other circumstances affecting the child's health, safety, stability, or well-being.

Every custody case is different, and the existence of a changed circumstance does not automatically mean that custody will be modified.

The Best Interests of the Child Remain the Focus

If the court determines that a material change has occurred, the court then considers whether modifying custody would be in the best interests of the child.

Maryland courts may consider numerous factors when determining what custody arrangement serves a child's best interests. Those considerations can include the child's relationship with each parent, the parents' ability to communicate regarding the child, the child's needs, the stability of each household, the child's school and community connections, and each parent's ability to support the child's relationship with the other parent.

There is no single factor that determines the outcome of every case.

Legal Custody and Physical Custody Are Different

Parents considering a modification should also understand the distinction between legal custody and physical custody.

Legal custody concerns decision-making authority for major issues affecting a child, such as education, medical care, and other significant matters. Physical custody generally concerns where the child lives and the parenting-time schedule.

A dispute does not always require changing both. In some cases, the primary problem may involve decision-making rather than the amount of parenting time each parent receives. In others, a child's schedule or circumstances may require changes to physical custody while the existing legal custody arrangement remains appropriate.

Should You Document Problems Before Seeking a Modification?

Documentation can be important in a contested custody modification case.

Parents should consider maintaining organized records of significant events relating to the child and the existing custody arrangement. Depending on the issues involved, relevant information might include communications between the parents, school records, medical information, parenting schedules, missed exchanges, or other documentation relating to the circumstances underlying the requested modification.

At the same time, custody cases should remain focused on the child rather than documenting every minor disagreement between parents.

Do Not Assume an Informal Agreement Changes the Court Order

Parents sometimes agree between themselves to follow a different schedule from the one contained in their custody order.

An informal arrangement, however, does not necessarily replace the existing court order. If circumstances have changed substantially and the parents intend for a new arrangement to continue, they should consider whether the custody order itself should be formally modified.

Speak With a Maryland Family Law Attorney About Your Custody Order

Whether a custody modification is appropriate depends heavily on the facts of the individual case. Before filing a motion, it can be helpful to evaluate what has changed since the prior order, whether those changes are legally significant, and what evidence may be necessary to establish that the requested modification is in the child's best interests.

The Law Office of Neveen Kurtom, LLC represents clients in child custody, custody modification, divorce, child support, and other family law matters in Maryland.

Law Office of Neveen Kurtom, LLC
1 Research Court, Suite 450
Rockville, Maryland 20850
(301) 356-4423

Experienced Guidance. Strategic Advocacy. Compassionate Representation.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting the firm does not create an attorney-client relationship.

As Maryland families prepare for the start of a new school year, back-to-school season can bring more than new schedules, activities, and homework. For separated and divorced parents, it can also highlight problems with an existing child custody or parenting-time arrangement.

Changes in school schedules, transportation needs, extracurricular activities, before and after school care, and a child's changing needs can create disagreements between parents. Taking the time to review your existing custody order before the school year gets underway can help identify potential issues before they become larger disputes.

Review Your Existing Custody Order

Parents should begin by reviewing the specific language of their custody order or parenting agreement. A Maryland custody order may address physical custody, parenting time, legal custody, decision-making authority, transportation, holidays, vacations, and other matters involving the child.

Parents should not assume that an arrangement that worked during the summer will necessarily translate smoothly into the school year.

Questions may arise regarding:

• Who is responsible for school drop-off and pick-up?

• How will transportation work for extracurricular activities?

• Who will attend parent-teacher conferences and school events?

• How will parents communicate about homework, grades, and school concerns?

• Who has authority to make educational decisions?

• How will unexpected school closures or early dismissals be handled?

• How will sports and extracurricular activities affect parenting time?

Addressing these issues early can reduce confusion for both parents and children.

Who Makes Educational Decisions?

Legal custody and physical custody are different concepts under Maryland law.

Physical custody generally concerns where a child spends his or her time. Legal custody concerns a parent's authority to make important decisions affecting the child, which may include decisions regarding education, medical care, religion, and other significant matters.

Depending on the custody order, parents may share decision-making authority, one parent may have sole legal custody, or the order may provide one parent with tie-breaking authority over certain decisions.

Before making a significant educational decision, particularly one involving a change of schools, it is important to understand exactly what the existing custody order provides.

When the Existing Parenting Plan Is No Longer Working

Children and families change over time. A custody arrangement entered several years ago may become difficult to follow as children get older, begin attending different schools, participate in additional activities, or develop different educational or transportation needs.

A parent's circumstances can change as well. Employment schedules, residences, commuting requirements, and other significant circumstances may affect whether an existing parenting arrangement remains practical.

When parents cannot agree on changes, one or both parents may consider whether modification of an existing custody order is appropriate. Maryland courts generally require a party seeking modification to establish a material change in circumstances before the court considers whether a modification would be in the child's best interests.

Whether a particular change is sufficient to justify modification depends on the specific facts and circumstances of the case.

Avoid Making Unilateral Changes

When disagreements arise, parents should be cautious about making significant unilateral decisions that may conflict with the terms of an existing custody order.

Before changing a child's school, substantially altering a parenting schedule, or making another significant decision, review the custody order carefully and determine which parent has the authority to make that decision.

When the language of an order is unclear or the parents cannot reach an agreement, obtaining legal advice before taking action may help prevent a disagreement from developing into additional litigation.

Planning Ahead Can Make the School Year Easier

The beginning of a new school year is a natural time for parents to evaluate whether their existing custody and parenting arrangements continue to meet their children's needs.

Clear expectations regarding schedules, transportation, school activities, communication, and decision-making can help parents reduce conflict and provide children with greater consistency throughout the school year.

The Law Office of Neveen Kurtom, LLC represents clients throughout Maryland in matters involving divorce, child custody, custody modification, child support, and other family law matters.

To discuss a Maryland family law matter, contact the Law Office of Neveen Kurtom, LLC at (301) 356-4423.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.

Many people believe that if they and their spouse agree to end their marriage, there is no need to hire an attorney. While an uncontested divorce is often less stressful and less expensive than a contested case, it is still a legal proceeding with long-term consequences. Before signing any agreement or filing paperwork with the court, it is important to understand what rights you may be giving up and whether your agreement fully protects your interests.

What Is an Uncontested Divorce?

An uncontested divorce generally means that both spouses have reached an agreement on every issue that must be resolved before the divorce can be finalized. These issues often include:

• Division of marital property and debts

• Child custody and parenting schedules

• Child support

• Alimony, if applicable

• Retirement accounts and pensions

• Health insurance considerations

• Tax-related issues

When all issues have been resolved, the parties typically submit a written settlement agreement to the court. If approved, the court may incorporate that agreement into the final Judgment of Absolute Divorce.

Why a Settlement Agreement Matters

One of the most important documents in an uncontested divorce is the marital settlement agreement. This agreement becomes the roadmap for many of your rights and obligations after the divorce is final.

Unfortunately, many people use online forms or generic templates that do not address their specific circumstances. While these documents may appear straightforward, they often fail to account for important issues that can arise months or even years later.

A carefully drafted agreement can help address matters such as:

• Future refinancing or sale of the marital home

• Responsibility for joint debts

• Division of retirement accounts

• Payment of extracurricular expenses for children

• Tax exemptions and filing status

• Life insurance requirements

• Procedures for resolving future disputes

The more thorough the agreement, the less likely the parties are to return to court later.

Retirement Accounts Are Frequently Overlooked

Many spouses do not realize that retirement benefits accumulated during the marriage may be considered marital property. Even relatively modest retirement accounts can represent significant assets over time.

Depending on the circumstances, dividing a retirement account may require additional legal documents, such as a Qualified Domestic Relations Order (QDRO). Failing to address retirement accounts properly during the divorce can lead to costly problems later.

Parents Should Think Beyond Today

If children are involved, the divorce agreement should address much more than simply where the children will spend their time.

Parents should consider issues such as:

• Holiday schedules

• School breaks

• Transportation responsibilities

• Communication between parents

• Decision-making authority

• Medical expenses

• Extracurricular activities

• Future modifications as children grow older

A detailed parenting agreement can reduce misunderstandings and provide greater stability for children.

Avoid Costly Mistakes

One of the biggest misconceptions about uncontested divorces is that "simple" means "risk-free." Even when spouses agree today, circumstances can change. Ambiguous language or overlooked issues may create disputes that require future litigation.

An attorney can review your proposed agreement, identify potential concerns, explain your legal rights, and help ensure that your documents accurately reflect your intentions before they are submitted to the court.

Every Divorce Is Different

No two families are exactly alike. Factors such as children, business interests, retirement savings, real estate, inheritances, or future earning capacity can all affect how a divorce should be structured.

Receiving individualized legal advice before finalizing an uncontested divorce often provides peace of mind and helps avoid unintended consequences.

How the Law Office of Neveen Kurtom Can Help

The Law Office of Neveen Kurtom represents clients throughout Maryland in both contested and uncontested divorce matters. Whether you need assistance negotiating a comprehensive settlement agreement, reviewing documents you have already prepared, or representing you throughout the divorce process, experienced legal guidance can help protect your interests from beginning to end.

Contact the Law Office of Neveen Kurtom

If you are considering divorce and would like to better understand your rights and options, the Law Office of Neveen Kurtom is here to help. Whether your divorce is contested or uncontested, experienced legal guidance can make a meaningful difference in protecting your future.

Call the Law Office of Neveen Kurtom today at (301) 356-4423 to schedule a consultation. The firm proudly represents clients throughout Maryland in divorce, child custody, child support, alimony, and other family law matters.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every case is unique, and you should consult with an attorney regarding your specific circumstances.