Modification of Custody in Maryland
What counts as a material change in circumstances, and what does not.
Custody orders are not permanent, but they are not easily reopened either. Maryland uses a two-step test. First, has there been a material change in circumstances since the last order. Only if the answer is yes does the court reach the second question, which is whether a change serves the child’s best interests.
That first step defeats most poorly prepared modification cases before the merits are ever reached.
What usually qualifies
- Relocation. A move that materially affects the existing schedule.
- A substantial change in a parent’s circumstances. A new work schedule, a change in living situation, a new household member.
- A change in the child’s needs. A new medical, educational or emotional need the current arrangement does not serve.
- Persistent non-compliance. A pattern of denying access, or of making unilateral decisions in violation of joint legal custody.
- Safety concerns that have arisen since the order.
What usually does not
Dissatisfaction with the existing order is not a change in circumstances. Neither is the simple passage of time, though a child’s genuinely changed needs as they mature can be. A parent’s new relationship, by itself, generally is not. And a change you knew about when the current order was entered is not a change since it.
The child getting older
Age alone is not automatically a material change, but the needs and reasonable preferences of a teenager can differ enough from those of a young child that the arrangement no longer fits. How much weight a child’s preference carries depends on age and maturity, and it is never the whole case.
A warning about informal arrangements
Parents frequently agree between themselves to a different schedule and never change the order. That works until it does not. If a dispute arises, the written order is what a court enforces, and years of a different practice can complicate rather than resolve it. If the arrangement has genuinely changed, change the order.
The same is true of support. A private agreement to pay a different amount does not modify a support order, and arrears can accumulate. See enforcement and modification of orders.
Enforcement is a different remedy
If the order still works and the other parent simply will not follow it, that is enforcement, not modification. Choosing the wrong one wastes a filing.
Related
Talk with a Towson attorney
The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.