All child custody matters, whether original determinations or subsequent modifications, must be in the best interests of the children. Most good parents readily agree that timesharing plans should be child-focused and uphold their best interests. But most good parents disagree as to the specifics. For this reason, Maryland law sets out a number of factors that courts must consider when determining a child’s best interests. More on that below.

The best interests of a child change, often from year to year, mostly due to the emotional changes commonly associated with growing children. For this reason, a Charles County, Maryland child support lawyer from the Law Office of Robert R. Castro should review your family’s situation at least annually, if not more often than that. If, for some reason, the child’s living environment changes dramatically, that environment must be changed immediately to avoid permanent physical and/or emotional damage.

Reasons for Modification

A court of competent jurisdiction will modify a previous order if circumstances have materially, substantially, and permanently changed. Let’s break down some of that Legalese.

The court of competent jurisdiction is in a county where the children currently reside. Usually, courts require about a ninety-day residency period. If the children moved to Maryland from out of state, a Calvert County, Maryland family lawyer may need to file some additional paperwork. The same thing is true of the children recently relocated within Maryland, perhaps from Charles County to St. Mary’s County. However, intrastate transfers are a bit more straightforward.

The law does not clearly define a material change of circumstances. Usually, the change must be significant enough to change the parenting time routine. A move-away is a good example. If Dad moves down the street, that relocation may not significantly affect the pickup and drop-off schedule. If Dad moves to the other side of the county, that’s different.

A substantial change usually refers to the parent’s motive for bringing or challenging the modification action. Sometimes, parents take such stances because the modification is, or is not, in their best interests. Once again, relocation is a good example. If Mom gets a promotion, the move is in her best interests. But it may not be in the child’s best interests.

Permanent changes are hard to pin down as well. As mentioned, growing children are very emotional. Sometimes, the child’s best interests change between the time the motion was filed and the time the judge signs an order.

Factors to Consider

Key factors include the fitness and character of each parent, each parent’s ability to meet the child’s physical, emotional, and educational needs, and the relationship between the child and each parent. Courts also consider the child’s age, health, and special needs, as well as the stability of each home environment. 

Continuity matters. Judges often look at who has been the primary caregiver and the feasibility of maintaining consistent routines. This factor weighs against modifications.

Additional considerations include each parent’s willingness to support the child’s relationship with the other parent, any history of domestic violence, abuse, or neglect, and the geographic proximity of the parents’ homes. If the child is of sufficient age and maturity, the court may consider the child’s reasonable preference, though a preference is never controlling.

Rely on a Thorough Calvert County Lawyer

All parties have important legal and financial rights in divorces and other family law proceedings. For a confidential consultation with an experienced custody lawyer in Charles County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD, 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or question,s contact our office to speak to an experienced lawyer at (301) 870-1200.