Yes. It is not easy, but a parent can ask a Maryland divorce court to modify an existing child custody order.

In terms of difficulty, there is a “sliding scale” of sorts, and parental agreement (or disagreement) will be a large factor too. In explanation, if the request for modification is something small — like a change in the holiday visitation schedule — obtaining a modification of the court’s Order might not be too difficult. By contrast, asking for custody to be modified from one parent to the other is a very drastic change, and that will be difficult.

As noted, the difficulty of modifying a Maryland child custody order will also depend on whether both parents are in agreement. Changing a holiday visitation schedule where both parents are in agreement is probably not difficult. The opposite is true for changing custody from one parent to the other. Presumably, the parents are not in agreement about that. If you have questions about seeking a modification of a Maryland child support Order, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce and family law attorneys in Waldorf, Maryland.

What is the Process?

Seeking to modify a Maryland divorce court Order for child custody involves filing a written request with the court. This is typically called a “Petition To Modify Custody.” The Petition is usually a few pages long with supporting documentation. The court will give the other parent an opportunity to file a written response to the Petition and to file documentation. Depending on the complexity of the issues presented, the court may order a child custody evaluation, mediation, and/or schedule a hearing for the taking of testimony and other evidence from the parents and other relevant persons.

What is the Legal Standard?

When a Maryland divorce court makes decisions about child custody, the legal standard is the “best interests of the child.” This was the standard used when the court issued its original Order, and it is the standard used when any modification request is made. That is why parental agreement is a crucial factor. In theory, if the parents are both in agreement, then the modification is likely to be in the best interest of the child/children. However, the court will still need to make its own determination of whether the custody modification is in the best interest of the child/children.

When is a Modification Likely to Be Granted?

As noted, granting a modification must be in the best interests of the child/children. In addition, it must be shown that the modification is based on some important change in the circumstances of the family. This is called a “material change in circumstances.” A new job might be an example of a material change. In simple, non-legal terminology, to ask for a modification of a child custody order, you need a good reason. Generally speaking, Maryland divorce courts do not like to change child custody orders. So, as just noted, there better be a good reason. This is even more true if the parents are in disagreement. Courts are NOT interested in being used as a tool in fights between parents. If the parents are not in agreement and the matter is serious, the parent filing a Petition To Modify better have a good reason — a material change — and better have good solid evidence to back up the claims and reasons for seeking a modification. That being said, if the matters are serious — such as charges of neglect or abuse — the Maryland court will take the allegations seriously and will modify the child custody Order if such is in the best interest of the child/children.

Contact Waldorf, Maryland Family Law and Divorce 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, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.