When Can Maryland Courts Modify An Existing Child Custody Order?

Child custody arrangements are meant to ensure a stable environment for children following the separation or divorce of their parents. There may be changes in the life of either parent or both, making the current child custody arrangement no longer suitable or in the best interests of the child. The courts of Maryland have the authority to modify the terms of a custody agreement where a material change of circumstances can be established by one of the parents, as well as show that modifying the custody arrangement is in the best interests of the child. 

What qualifies as a material change in circumstance? 

Custody modifications are not made easily by the Maryland court system. The first step that the parent wishing to modify the agreement must take is convincing the judge that there has been a material change in circumstances since the issuance of the last custody order.

Some examples of such instances may be:

• The relocation or intention to relocate by the parent far away from the current address
• The change in the needs of the child regarding education, medicine, or psychological support
• The neglecting or failure of one parent to fulfill the terms of the custody arrangement
• The potential risk of harm to the child under the guardianship of one parent
• Major life changes like drug addiction or any kind of criminal activity
• The impossibility of one parent to properly take care of the child because of health problems or job-related issues

Not all changes in circumstances result in modification of custody.

The best interests of the child standard 

Regardless of any material changes that have occurred, the court will not alter the custody arrangement if the changes do not serve the best interests of the child. The court will consider many factors in determining whether the modification is in the child’s best interests.

These factors include:

• Fitness of each parent for custody
• Relationship between the child and each parent
• Emotional and psychological needs of the child
• Willingness of each parent to facilitate the relationship between the child and the other parent
• Stability of each parent’s household
• Preference of the child, based on age and maturity

The judge will take into account all evidence presented and decide if modifying the custody order would be more beneficial for the child. 

Requesting a custody modification in Maryland 

For a parent to successfully modify a current custody agreement, they must file a petition for modification with the proper court in Maryland. This petition must include a detailed explanation of how circumstances have changed and why it is in the best interests of the child to change the current custody order.

The court can hold a hearing after filing the petition. During the hearing, both parents have the opportunity to provide relevant evidence and testimony. The court can even choose to appoint a custody evaluator or Best Interest Attorney for the child to assist in making its decision.

Given the complexity of custody agreements, providing adequate evidence and making logical arguments is usually vital. 

Talk to a Bel Air, MD, Child Custody Lawyer Today 

Schlaich & Thompson, Chartered, represent the interests of Bel Air, MD, residents who need to modify a current custody order. Call our Bel Air family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.