If there is a child custody Order entered by a Maryland divorce court, then what that Order says is the “final word” on child custody issues until the Order is changed (modified). So, if a child wants to “change parents” and start living with the noncustodial parent, the legal course of action is to ask the court to modify its custody Order.

For children under 16, a written request — a “Motion” or “Petition” — to modify the custody Order must be filed by one or both parents. For a child who is over 16 years, the Motion can be filed by the child (but must meet the legal standards for such a Motion including format and showing that “changing parents” is in the best interest of the child filing the Motion). See MD. Family Law, § 9-103. As noted, the judge has the “final word” and has no obligation to agree with the child’s desire to start living with the non-custodial parent.

As with the original decision regarding custody, the court’s decision will be based on the legal standard of what is in the “best interests” of the child or children. When deciding what is in the best interests of the child, Maryland divorce courts will evaluate a long list of factual issues. The might include financial fitness of the parents, history or indications of criminal behavior, history of abuse by one or both parents, etc. Usually, if a child wants to “change parents,” there is a specific reason. The court will explore that (or those) reasons before making a decision.

What is the Process?

As noted, the first step is to file a written request with the Maryland divorce court. After that, the court might take several steps including scheduling one or more in-court hearings. Very likely, the court will schedule a face-to-face meeting with the child — generally, with the parents excluded. This is often done in the judge’s chambers (rather than in full, open court). If the parents are in agreement and there are no “red flag” factors (like indications of abuse or criminal activity), the change in custody might be accomplished relatively quickly and easily.

On the other hand, the court might be more cautious and order a family custody evaluation. These involve psychological evaluations of the child and parents plus home visits to the current custodial home and to the proposed custodial home by the psychologist and a social worker. A custody evaluation generally also involves visits to the relevant school and interviews with family, friends, and others.

What about child support and visitation rights?

If the Maryland divorce court agrees to modify custody arrangements, the court will also evaluate child support and visitation. For this reason, seeking to modify custody can become complicated very quickly as all issues related to the child or children can become contested.

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.