How to Modify A Child Custody Agreement In Maryland

Through my many years of practicing as a child custody attorney based in Maryland, I have learned that any time life circumstances change, there may be a need to modify existing child custody agreements. For example, if your situation requires some adjustment, it would be highly important to go through this process with an understanding of what the law says in Maryland, together with an actionable strategy. I will take you through the legal and actionable steps involved in modifying child custody in Maryland.

Grounds For Modification

Under Maryland law, a child custody order may be modified upon a showing of a material change in circumstances. Any change in circumstances to be considered necessary is one that will impact the best interest of the child. Examples include relocation, a change in a parent’s work schedule, a change in the needs of the child, or concerns about safety regarding the child’s current arrangement.

The seminal legislation controlling all of these changes is Maryland Family Law Section 9-107, which states, quite simply, that any modification in custody or visitation must be in the best interest of the child. That is the standard to be used by the court in making its decision.

Modification Of Custody – How To Start The Process

Determine whether the change in circumstances is significant and relevant to your child’s welfare. You will have to make sure that you document these changes in detail if, indeed, this is going to be your strong argument.

Consult with a Child Custody Attorney – It is quite important at this point, before taking any steps, to consult an attorney conversant with the custody laws of Maryland. This would afford strategic advice in your case and assist in preparing the needed legal documents for such a purpose.

Filing Motion to Modify Custody – You will have to file a formal motion for modification with the same court where the custody order was issued. In this, one should elaborate on the change in circumstances and the effect such a change would have on the child.

Serving the Other Parent – Once filed, you must legally serve the other parent notice of your request to modify custody. They will be given an opportunity to respond-accepting the modification or contesting it.

Hearing Preparation – You should prepare all the available evidence that reflects your reason for the modification. This may include documentation of change in your life or your child’s needs, teachers’ and counselors’ testimony, and whatever information may apply.

The Hearing in Court – The party appearing before the court in the hearing shall be given an opportunity to make the case. The presiding judge decides all evidence in the light of what is in the best interest of the child.

The court will be looking, in your presentation, for evidence that the changed circumstances are material to the child. Be prepared to demonstrate how the arrangement as it presently exists is insufficient or harmful and how what you are proposing serves your child’s best interest better.

The court will have the discretion to make certain changes if it is satisfied that a change in circumstances is in the best interest of the child. On the other hand, the court may still consider the present arrangement to be best for the child. Circumstances vary from case to case, with an outcome highly reliant on the facts of your case and the evidence you will present.

Frequently Asked Questions Regarding Child Custody Modification In Maryland

What Is A “Significant Change” Of Circumstances Required For A Modification Of Custody?

There are many examples, and a few may include one of the parent’s intentions to relocate, a dramatic change in either party’s work schedule, health issues of a parent, or changes in the educational or medical needs of the child.

Can A Child’s Preference Be A Factor In Modifying Custody?

Yes, in Maryland, the preference of the child is one of the factors the court may consider, provided the child is sufficiently aged and mature to form a rational judgment.

What If The Other Parent Opposes The Modification?

If the other parent does not agree to the modification, a hearing will be set where both parties can present evidence to support their position. It is extremely important that you have concrete, clear-cut evidence to prove why the modification is needed.

How Often Can I Request A Change In The Custody Agreement?

There is no clear and absolute limit to how many times a person can request a modification, but each such request must be based on a new, material change in circumstances affecting the child’s welfare.

Call Our Rockville Custody Agreement Attorney For Exception Representation

If you are experiencing a change in life circumstances that requires modifying your child custody arrangement, it is important to process with the caution and foresight the law deserves. At The Law Office of Sandra Guzman, we’re committed to guiding families through these trying times in Rockville, Greenbelt, Bethesda, and Frederick. Please contact our Rockville custody agreement attorney at The Law Office of Sandra Guzman by calling (301) 340-1911 to schedule a consultation and discuss your unique circumstances and options under the law. We are here to help in your effort to obtain the most suitable custody arrangement for your child.