Yes. Many mistakenly believe that only financial-related reasons can be used to seek a modification of child custody in Maryland. One reason for this misconception is that Maryland statutes say that modification of custody can only be done where there is a “material change in circumstances” that would justify the court to change the custody arrangement. Many think of that in terms of finances. No doubt that the loss of a job or other serious financial setback is a “material change” that can be the basis for asking a Maryland divorce court to modify custody arrangements. And, no doubt, this sort of request is common.

However, there are several important — and often dangerous — non-financial reasons that can be the basis for seeking a change in custody arrangements. These include criminal behavior, convictions, new or revived addiction and substance abuse behaviors, some form of child neglect, abandonment or abuse, the presence of a potentially dangerous new romantic partner or other persons present where the child is living, etc. All of these are related to the safety and well-being of the child or children in question, and they generally do not involve financial considerations. Each can be used as a basis for seeking a modification of custody. If serious enough, each can be used to ask for a modification from the divorce court on an emergency basis. Maryland divorce courts can modify custody on a temporary basis.

Likely, you will need the legal assistance of experienced Calvert County, MD, Child Custody Attorneys. Contact the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are Maryland Family Law Attorneys with offices in Waldorf, Maryland, and can handle any sort of emergency that might require a modification of child custody arrangements.

How is this done?

To seek modification of child custody, a Petition is filed with the local divorce court — the local county Maryland Circuit Court. The Petition describes the parties, the children involved, and the facts related to why a custody modification is needed. If there is an emergency danger to the children, the court can act very quickly and involve law enforcement and child protective services. However, if the reasons for modifying custody are not immediately dangerous, the court will require that a copy of the Petition be given to the other parent. The other parent will have an opportunity to respond with “their side of the story.” Both sides will need various types of evidence (like, for example, copies of police arrest reports, if a crime was involved). Eventually, the Maryland divorce court will hold a hearing where the parents will need to be present. Based on that testimony and the other evidence, the court will decide whether a modification is justified.

When potentially dangerous circumstances exist, courts will try and act quickly to resolve custody modification questions. However, even still, the process may take weeks or months to complete.

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.