Despite what some parents believe, child custody orders issued by divorce courts in Maryland can be changed and modified. In very simple terms, a written request — a “Petition” — is filed with the relevant Maryland County Circuit Court asking for a modification of the existing child custody order. Procedurally, the other parent must receive a copy of the written request. Maybe 10 to 14 days after the Petition is filed, the court will hold a short hearing to schedule the matter for resolution. During that hearing, the other parent will be given an opportunity to file a written response to the request. At some point, a further hearing will be scheduled where the court will hear evidence and fully explore and examine the issues presented. As can be seen, getting a Maryland child custody order modified takes time.

There are some cases where the court will hear a request for modification on an emergency basis. However, those cases are rare, and the court must be convinced that some immediate abuse, neglect, or endangerment of the child/children is shown. In those cases, a temporary Order might be entered, and the court might order child protective services to become involved.

In any event, under more normal circumstances, there are two requirements for succeeding with a Petition to Modify child custody arrangements. First, the request must satisfy the legal standard, which in Maryland is the “best interests” of the child. That is, the request for new child custody and visitation arrangements must be determined by the court to be in the “best interests” of the child/children. Second, the parent asking for a modification must show that some material change has occurred since the last child custody order was entered. Courts do not change their orders willy-nilly. There must be some important reason before courts will modify their previous orders. A few examples of potential “material changes” include the custodial parent seeking to relocate outside of Maryland with the child/children, new romantic partners, new employment, and more

What if the parents are both in agreement about the modification?

Generally, it is very helpful if both parents are in agreement about a proposed modification of a Maryland child custody order. This is because, when it comes to child-rearing, what both parents want is often and obviously what is in the “best interests” of the child/children. Further, if both parents are in agreement, the Maryland child custody judge does not have to resolve arguments and disputes. Thus, modifying the previous court order does not involve a complicated sifting of disputed facts and arguments.

That being said, the court can still say “no” to a requested modification even if the parents are in agreement. The court must still satisfy the legal requirement that the change is in the best interests of the child/children. There are times when a change is NOT in the best interests of the child, even if the parents are in agreement.

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.