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Are Maryland Parenting Plans Legally Binding?


Yes. There are two basic reasons for this: the parents have agreed to it, and the Maryland divorce court has accepted the agreement and incorporated it into the final divorce decree. In effect, the agreed-upon parenting plan is part of a Court Order. All court Orders are legally binding, and various punishments can be imposed for violations of any court order. For this reason, it is important for BOTH parents to abide by the terms of their agreed parenting plan.

Parenting plans are required for Maryland spouses who are seeking a divorce when they have minor children. The parenting plan is submitted as part of the divorce and attempts to cover all of the issues that arise when raising children. These include:

  • Schedules — visitation sleepovers, drop off, driving to daycare and schools, etc.
  • Schooling — which schools
  • Food issues when each parent has the kids
  • Dress codes or other rules for how the kids are dressed
  • Medical issues — who takes the kids to the doctor; what about emergencies
  • Extracurricular activities for the kids including which parent is picking up/dropping off
  • Where are the kids for holidays — all of them — school breaks, vacations, etc.
  • Religious schedules
  • Communication between the parents and between a parent and child during a “parent’s time”
  • Rules on information sharing between the parents
  • What about out-of-state travel?
  • Who can discipline the kids, and in what manner?
  • Limits on matters like internet time, TV time, bed-times, etc.

Can parenting plans be changed?

Yes, like anything in a final Divorce Decree, under the right circumstances, a parenting plan can be changed. If you need help with modifying a parenting plan that has been incorporated into a final Divorce Decree, contact us here at the Law Office of Robert Castro. Call us at (301) 705-5253 or use our contact page. We are a child custody Law Firm in St. Mary’s County, Maryland, with offices in Waldorf, Maryland.

How can a parenting plan be changed?

To seek a modification of a parenting plan, one or both parents — with the assistance of experienced Counsel — need to file a written request with the Maryland divorce court. If both parents are in agreement with the change, the court is unlikely to refuse the change unless the change is not lawful or negatively impacts the best interests of the child or children. Where the requested change is agreed to by the parents, the divorce court is likely to be lenient on the requirement that a modification be based on a material change in circumstances. Where a modification is contested, then the court will need evidence that something important — material — has changed in the circumstances of the parents and/or child/children. Generally, courts will not modify their Orders unless there has been a material change (like losing employment, housing, etc.).

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.

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