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.