After a divorce in Maryland, sometimes, one or both of the divorced spouses get married to new spouses. This new marriage can be the basis for seeking a new custody Order from the Maryland divorce court if minor children were involved when the court issued the final decree dissolving the previous marriage.

New marriages and child custody can be complicated, so it is important to consult with experienced Maryland family law and child custody attorneys. Call us at (301) 870-1200 or contact us here at the Law Office of Robert Castro. We are top-rated Maryland divorce and family law attorneys with offices in Waldorf, Maryland. We can provide some specific legal counsel with respect to child custody if you or your ex-spouse has remarried or will be remarrying.

First, understand that a new marriage means NOTHING for child custody until the Maryland divorce court changes the current custody arrangement. In other words, any change in child custody arrangements must be sought from the court. To make this request, it is necessary that there be a “material change in circumstances” to justify a change in the custody arrangements.

Generally speaking, a spouse getting remarried is probably a sufficient “material change in circumstances” to justify filing a Petition with the court to ask for a change in the custody arrangements. However, the new marriage does not automatically mean that the Maryland divorce court will change or modify the current arrangements. To summarize, the new marriage for one or more spouses will create a fact question for the court to resolve.

Let’s look at a couple of examples. If, for example, the new marriage involves the ex-spouse who has current physical custody, the new marriage might be “good” for the children. The legal standard for awarding custody is: “What is in the best interests of the child or children?” That is the same standard for evaluating a request to modify child custody. So, maintaining the current custody arrangement might be in the “best interests” of the child if the new spouse brings additional financial resources to the family, is shown to be a good parent, etc.

In order for the Maryland divorce court to change the current custody arrangements, it must be shown that the new marriage partner is somehow “bad” for the children involved. Examples include more obvious things like addiction issues and criminal behavior involving the new spouse. However, other issues could create questions about what is in the best interests of the children. Examples include being relocated to a new home and school.

A similar set of questions arises if the non-custodial parent gets married again. Just because the non-custodial parent has a new spouse does not mean that the divorce court will automatically grant that parent some form of custody. This is true even if the new spouse is a multi-millionaire. An evaluation of the “best interests of the children” will have to be made. Further, it will probably have to be shown that transferring custody to the new family is better than maintaining the current custody arrangement.

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.