Changing your request for joint custody to full during court.

If I petition to modify custody granted I have a material change in circumstances, can I change my request on the day of court and request full custody if a new circumstance has arose warranting the request? If so, where can I find the pertaining rule or code?

Thomas's Answer

Amended pleadings are generally accepted Maryland Rule 2-341. (a) Without Leave of Court. A party may file an amendment to a pleading without leave of court by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original pleading or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment.

(b) With Leave of Court. A party may file an amendment to a pleading after the dates set forth in section (a) of this Rule only with leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require.

So you will need leave of court to amend. You need sufficient grounds in a motion in advance to make that request in a separate motion.