Custody Modifications

Custody Modifications in Maryland

If you are a divorced or unmarried parent in Maryland, you might seek custody modifications due to a relocation of one parent or the other, changes in the child’s health or educational needs, or other changes in the parents’ work or living situations. In addition to concerns regarding the right arrangements for your child or children, you may also find yourself worrying about the emotional toll and the potential for conflict with the other parent that could arise with a custody modification request. At the Law Offices of Ellen L. Lee, we have resolved concerns like these for Montgomery County parents for over three decades. Our founding attorney is an experienced Maryland custody modifications attorney who can manage this process for you and help you navigate these important concerns efficiently and effectively when there has been a substantial change in circumstances that affects your child’s life.

Requesting a custody modification order can help to address your concerns. The legal process involved in pursuing a custody modification in Maryland can be daunting, but an experienced custody modification attorney can help you seek a change to an existing court-ordered child custody arrangement.

Contact the Law Offices of Ellen L. Lee, LLC today to schedule a consultation to assess your unique situation. We will work closely with you to devise the right strategy for your case.

Custody Modification Order Basics in Maryland

The purpose of a custody modification is to adjust the terms of the custody order to better accommodate changes in circumstances and to ensure that the child’s best interests are continually being met. If there is a material change in circumstances that affects the child’s best interests, the court can modify the existing custody order to reflect the current situation.

The court that made the original custody and visitation order retains jurisdiction to decide modification unless the parties and the child no longer have close ties with the state. If the other parent is noncompliant, the court can enforce the order and potentially impose penalties.

The process of justifying a custody modification involves a two-step process:

1. Establishing a material change in circumstances
2. Demonstrating that the modification would be in the best interest of the child

It is important to work closely with an experienced custody modifications attorney when navigating this process. Our founding lead attorney, Ellen L. Lee, has managed custody modification cases for over three decades in Montgomery County, Maryland.

Common Reasons for Modification of a Custody Order

The following are common reasons for seeking modification of a custody order in Maryland:

• Change in Circumstances: A significant change in circumstances since the last custody order was issued, such as relocation, remarriage, or a change in employment, can be grounds for seeking modification.
• Interests of the Child: If it’s believed that the current custody arrangement is no longer in the best interest of the child, a parent might seek a modification. This could be due to changes in the child’s educational needs, health issues, or changes in the child’s relationship with either parent.
• Parental Misconduct: If one parent engages in misconduct, such as substance abuse, child neglect, or domestic violence, the other parent can request a modification to protect the child.
• Noncompliance with Current Custody Order: If one parent consistently violates the terms of the existing custody order, the other parent may seek a modification.
• Parental Incarceration: If a parent is incarcerated, the other parent can seek a modification of the custody order.

Types of Custody Modification Requests that Commonly Lead to a Custody Modification Order in Maryland

In Maryland, courts will only modify a custody order if there has been a material change in circumstances that affects the welfare of the child. Here are some common successful requests:

• Relocation: If one parent plans to move a significant distance away, the court might modify the custody order to ensure the child maintains a relationship with both parents.
• Health and Safety Concerns: If the child’s health or safety is at risk under the current arrangement, the court will likely grant a modification.
• Change in Child’s Needs: If the child’s needs have significantly changed, such as new medical or educational needs, a modification may be granted.
• Persistent Noncompliance: If one parent consistently violates the existing custody order, the court may modify the order to ensure compliance.

A change in custody can also involve a child support modification under some circumstances. The child’s best interest is always the paramount concern in any custody modification proceeding.

Schedule a consultation to review your custody modification needs and identify your next steps.

Is Your Child Being Negatively Affected by the Current Custody Situation?

Children can be negatively affected by certain custody situations in Maryland
in several ways:

• Prolonged and Intense Custody Battles: Custody battles that become prolonged and intense can have multiple psychological effects on children. These effects might include stress, anxiety, and depression. Children may also feel torn between their parents, leading to feelings of guilt and confusion. A custody arrangement should not exacerbate this problem.
• Significant Loss of Contact and Interaction: If a custody arrangement leads to a child losing significant contact and interaction with one parent, it can harm the child’s emotional well-being. This loss can lead to feelings of abandonment and impact the child’s self-esteem.
• Parental Misconduct: In cases where a parent engages in misconduct such as abuse, abduction, or poor behavior during divorce proceedings, the child’s safety and mental health can be severely affected.
• Domestic Violence: Exposure to domestic violence can have profound negative effects on children, impacting their emotional, psychological, and physical well-being. In such cases, courts in Maryland may implement protective measures to safeguard the child’s interests.
• Inappropriate Custody Arrangements for a Child’s Age: The age of a child is a crucial factor in custody decisions. For instance, an infant might require more regularity and consistency, which could be disrupted if they’re required to stay with different parents on alternate nights.
• Joint Legal Custody When Harmful: While joint legal custody is often considered beneficial, there are situations when it may be harmful to a child. If the parents are unable to cooperate or communicate effectively, the conflict that may ensue can negatively impact the child.

Any of these situations might warrant seeking a custody modification in Maryland.

Requirements to Request to Modify Custody in Maryland

To successfully request a modification of custody in Maryland, several requirements must be fulfilled:

1. Material Change in Circumstances: The parent seeking the modification must demonstrate that there has been a significant change in circumstances since the last custody order was issued.
2. Best Interest of the Child: The court will only grant a modification if it is in the best interest of the child. The parent must provide evidence that the proposed changes will better serve the child’s needs.
3. Completion of Form DR 7: This form, which requests the modification of custody, must be completed and submitted to the court.
4. Child’s Request (If Applicable): In Maryland, a child at least 16 years of age can seek a change in custody on their own. However, it will be the minor’s responsibility to prove that a change of custody would be in their best interest.
5. Court Approval: All proposed changes to a child custody order must be approved by the court. A new or modified order will be issued by the court for any changes to take effect.

Your Child’s Interests Factor Heavily in the Custody Discussion

In Maryland, the child’s best interests are the primary factor that heavily influences custody and custody modification decisions. This principle is so important because it ensures that the child’s welfare is not put below any particular interests of the parents.

The concept of the “best interests” of the child in Maryland involves a comprehensive assessment of multiple factors that affect the child’s welfare. These factors can include:

• Fitness of the Parents: The court evaluates each parent’s ability to meet the child’s needs, considering factors such as mental and physical health, stability, and any history of abuse or neglect.
• Character and Reputation of the Parties: The court considers the moral character of each parent and their reputation in the community.
• Desire of and Agreements Between the Parties: If the parents have expressed mutual agreement regarding custody, the court generally respects this unless it conflicts with the child’s best interests.
• Potentiality of Maintaining Family Relationships: The court takes into account each parent’s willingness and ability to foster and maintain the child’s relationships with other family members.

For example, if one parent has been the child’s primary caregiver and has a stable living situation, the court may determine that it’s in the child’s best interest to live primarily with that parent. On the other hand, if a parent has a history of substance abuse or domestic violence, the court may limit that parent’s custody or visitation rights to protect the child’s safety and well-being.

In all decisions, the child’s best interests remain the guiding principle. Whether it is deciding on initial custody arrangements, modifying existing orders, or determining visitation schedules, the welfare of the child remains the priority.

Relocation as a Factor in Maryland Custody Modifications

A parent’s relocation can significantly affect custody modification decisions and requests in Maryland. When a parent with custodial rights plans to move, especially out of state, it can significantly impact the existing custody and visitation arrangements. It may necessitate a modification of the existing court order.

The court will weigh the positive aspects of the proposed relocation against any decreased or substantially modified visitation with the co-parent. The court’s decision is largely guided by how the relocation will impact the child’s best interests.

Factors that might be considered include:

• Quality of Life: If the relocation will significantly improve the child’s quality of life, such as better schools or living conditions, the court may view the move favorably.
• Relationship With The Other Parent: If the move would severely limit the child’s ability to maintain a significant relationship with the non-relocating parent, the court may deny the request or modify custody.
• Reason for the Move: If the relocating parent is moving for legitimate reasons such as a job opportunity or to be closer to family, the court may be more inclined to approve the relocation.

The child’s age can also play a significant role in these decisions. For instance, older children who are more capable of traveling alone may be less impacted by a parent’s relocation than younger children. Additionally, the court may take into consideration the child’s preference, especially if the child is mature enough to express a reasoned preference.

In all cases, the primary concern is ensuring the child’s best interests are served. This includes maintaining the child’s emotional, educational, and physical well-being, preserving family relationships, and providing stability and continuity in the child’s life.

Various Factors Affect Custody Modifications in Maryland

In Maryland, several key factors can affect custody modifications, including:

• Material Change in Circumstances: There must be a significant change in circumstances since the last custody order was issued. This could include changes in the child’s needs, a parent’s work or travel schedule, or other lifestyle changes.
• Best Interest of the Child: The court will only grant a modification if it is in the best interest of the child. Factors considered include parental fitness, the character and reputation of each parent, and any existing custody agreement.
• Primary Caregiver: The court often considers who has been the primary caregiver for the child, as maintaining stability can be crucial for the child’s well-being.
• Character and Reputation: The moral character and reputation of each parent can also play a role in the court’s decision.
• Changes in Parental Fitness: If a parent’s ability to care for the child changes significantly, it may affect custody. This could involve issues like substance abuse, mental health problems, or criminal activity.
• Existing Custody Agreement: If a custody agreement already exists, the court will take it into consideration. However, the child’s best interest will always take precedence over any existing agreements.
• Changes in Living Conditions: This could include a parent moving to a different city or state, changes in the safety or suitability of a parent’s home, or a change in the people living with the parent.
• Changes in the Child’s Needs: As children grow and mature, their needs can change. This can include changes in their physical, emotional, or educational needs.
• Change in a Parent’s Work Schedule: If a parent’s work schedule changes significantly, this could affect their ability to care for the child and may warrant a modification of the custody order. The court will consider whether the change is temporary or permanent and how the parent’s work schedule or travel schedule affects the child’s routine and wellbeing.
• Change in Marital Status: If a parent remarries or cohabits with another person, this could influence the court’s decision, especially if the new spouse or partner poses a potential risk to the child.
• Ability of Parents to Communicate and Reach Joint Decisions: For joint legal custody or shared physical custody, the ability of the parents to communicate and make decisions together is a crucial factor.

Not all changes will lead to a modification. The court will only modify a custody order if the change in circumstances is significant enough to affect the child’s well-being and if the modification is determined to be in the child’s best interests.

Noncompliance with Custody Orders Can Also Affect Custody
Modification Decisions

Maryland courts take noncompliance with custody orders very seriously. If a parent consistently fails to adhere to the visitation schedule or interferes with the other parent’s visitation rights, it may lead to a modification of the custody order. The court will consider the severity and frequency of the violations when deciding whether to modify the custody arrangement. If you believe the current custody terms are appropriate, you may be able to seek enforcement.

Can a Child Petition to Change Custody in Maryland?

In Maryland, a child who is 16 years old or older can petition the court for a change in custody. This means that the child can initiate a request for a modification of the current custody arrangement. The child must file a petition to change custody, which is a legal document stating the reasons for the requested change. This petition is filed with the court that issued the original custody order.

However, it’s important to note that the child’s request does not automatically lead to a change in custody. Despite the child’s ability to petition, the decision ultimately lies with the court. The court will consider the child’s reasons for requesting the change, as well as other factors such as the child’s maturity, the child’s relationship with each parent, and whether the change would be in the child’s best interest.

Which Type of Custody Arrangement is Right for Your Family’s Child Custody Modification Request?

There are several possible combinations of physical custody terms and legal custody terms. Phrases such as “sole custody” or “joint custody” can be confusing when one does not specify whether referring to physical or legal custody or both.

Parents’ physical custody arrangements in Maryland may consist of any of the following, which may be tailored to a family’s specific needs and circumstances:

• Sole Physical Custody
• Joint Physical Custody
• Split Custody
• Bird’s Nest Custody

Parents’ legal custody in Maryland may consist of:

• Joint Legal Custody
• Sole Legal Custody

While Maryland courts will often award joint legal custody, circumstances change. Your lawyer can guide you to determine whether material changes have occurred that may signify that one or the other parent should or should not have decision-making authority for your child. In cases where the arrangements from previous or original child custody orders do not fit the child’s interests, child custody modifications may be appropriate.

Enforcing a Child Custody Modification

Enforcing child custody modifications in Maryland is crucial to ensure the wellbeing and best interest of the child, which is the paramount consideration in all custody cases. However, some parents may fail to comply with these orders, which can have serious implications on the child’s welfare and the rights of the other parent.

Noncompliance with custody modifications can take several forms, including not adhering to the visitation schedule, refusing to return the child after visitation, or making major decisions about the child’s life without consulting the other parent.

If a parent is not complying with a child custody modification order, the other parent has several options for enforcement. They can file a motion for contempt, which asks the court to enforce the order and potentially impose penalties on the noncompliant parent.

In severe cases, where the child’s safety is at risk, a parent can seek emergency temporary custody.

Unfortunately, noncompliance with child custody terms or modifications is not uncommon, leading to a frequent need for enforcement actions or further modifications. Parents should understand their rights and the steps they can take if the other parent is not adhering to the agreed-upon or court-ordered custody arrangement.

Schedule a Custody Modification Consultation with Ellen L. Lee, a Family Law Attorney with Over 35 Years of Experience in Montgomery County, Maryland

With more than three decades of experience, Ellen L. Lee is devoted to providing personalized support to individuals and families navigating the difficulties of divorce and related matters. Through creating a warm and accessible environment, she fosters effective dialogue and a common objective of equipping her clients for a new beginning amidst the various obstacles they encounter in family law.

At our firm, we understand that every client we serve is unique. That’s why we dedicate ourselves to thoroughly understanding the intricacies of your situation and empathizing with your concerns and objectives on a personal level. By adopting this approach, we can advocate for your interests throughout your case. We are here to support you every step of the way.

If you’re seeking a private consultation about custody modifications with our esteemed founding attorney, reach out to the Law Offices of Ellen L. Lee, LLC either by phone at (301) 279-0692 or by completing our convenient online form. We are here to assist you.

We are prepared to conduct our initial meeting with you either in person at our boutique office located in Rockville, Maryland, via video conference, or over the phone. We have a flexible schedule and can accommodate your needs, including evening and weekend appointments.