When a Maryland divorce court makes a decision about child custody as part of a divorce proceeding, it is expected that that decision will remain in effect for a significant length of time. In Maryland, parents who seek to have a custody order changed or modified must begin by identifying a “material change in circumstances” that would justify the change or modification. This rule is in place to prevent parents from relitigating a custody determination that has already been made. Common examples of a “material change” include new employment or a relocation of the primary home for the children.

However, the idea of a “material change” is much broader than financial matters and where the children live. Maryland courts have held that a “material change” is anything that impacts the “welfare of the child.” In this article, the trusted and highly-rated child custody, family, and divorce lawyers here at the Law Office of Robert Castro discuss how “chaos” can be deemed a “material change” that can justify a modification of a child custody determination. If you want to contact us, please call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland. Please consider us your “go to” child custody lawyers in Charles County, MD.

A good case example where “chaos” in a child’s life was deemed a “material change” is Kadish v. Kadish (Court of Special Appeals of Maryland 2022). In that case, the father sought modification of the Maryland divorce court’s custody Order. The father argued that the “material change” in circumstances was a number of things that suggested that the mother’s mental and emotional health was declining. The father argued — successfully — that these things created “chaos” in the child’s life and that such was a “material change.” The specific things identified included:

• Three separate episodes when the mother failed to abide by the drop-off and parenting time schedules
• An episode where the mother dropped off the child early in the morning — before the scheduled time — without a winter coat or her school work, and had a “vicious sunburn” and damage to her feet
• The mother’s behavior caused repeated instances of involvement by Maryland Child Protective Services
• The father had physical custody — overnights — about 65% of the time, even though the court’s Order stated that the mother would have 62% of the overnights
• The mother failed to comply with the travel and notification provisions ofthe custody order
• The mother admitted that she had health issues
• The mother had another child who had health issues that the mother was dealing with

The court held that these facts, taken together, created “chaos” in the child’s life. The court noted that every child craves stability and consistency. The mother’s behavior and admitted health issues prevented that stability and, as such, were deemed a “material change” that justified a modification of the court’s child custody determination.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.