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Charles County, MD Child Custody: Can I Ask to Modify Custody Because My Ex Has a New Romantic Partner?


Generally speaking, Maryland divorce courts are unlikely to modify child custody arrangements just because one parent has a new romantic partner. However, there may be circumstances where that could happen, particularly if there is evidence that the new romantic partner is having a substantial negative impact on the child or children.

In Maryland, the legal standard for all custody decisions is the “best interests” of the child. Generally, the standard for modifying custody arrangements (absent an emergency situation) is some “material” change in circumstances since the custody Order was entered by the court. When confronted with a request to modify custody because of a new romantic partner, a number of factors will be considered. These include:

  • What are the visitation and custody arrangements?
  • How much involvement will the new romantic partner have with the child?
  • Is the romantic partner going to be living in the same household as the child?
  • Is the non-custodial parent the one with a new romantic partner, and how will that impact visitation?
  • How old is the child or children?
  • Do the child/children have a preference?
  • Is there any evidence that the new romantic partner has or is engaging in criminal, violent, abusive, or addictive behavior?
  • How long has the relationship been going, and has it become serious?
  • Since the partner’s arrival, has the child or children shown any declines in their well-being, signs of depression, changes in moods, collapse of performance in school, etc.?

As can be seen, seeking to modify custody arrangements because of a parent’s new romantic partner can be complex. If you are wanting to modify custody arrangements, contact the Child Custody and Divorce Lawyers here at the Law Office of Robert Castro. We can evaluation some of the issues unique to your situation. Call us at (301) 870-1200. Our legal offices are in Waldorf, Maryland and we provide child custody advice and guidance for communities in Southern Maryland.

As a general guideline, the possibility of modifying custody arrangements because of a new romantic relationship will be higher the more contact that romantic partner has or will have with the child/children and the more unfit the romantic partner is to be an influence on or role model for the child/children. That is if the new romantic partner will have only limited contact with the child/children, a modification of the custody arrangements will be unlikely. On the other hand, if the new romantic partner is engaging in serious criminal behavior or has an addiction to illegal substances, then the likelihood of modification increases regardless of the amount of contact with the child/children.

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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