Can I Modify A Child Custody Agreement In Maryland?
Your child custody arrangement may have made perfect sense when you originally drafted it. But circumstances changed and now you need to discuss changing the custody agreement to meet your current needs. You may have gotten a new job, been forced to move, or otherwise, the agreement no longer makes sense for your situation. In any event, the child custody agreements can be changed, and you should go through the courts to change these agreements. In this article, the Maryland child custody attorneys at Schlaich & Thompson, Chartered will discuss how to modify a child custody agreement in Maryland.
Grounds for modifying a child custody agreement
In Maryland, a child custody order can be modified if the petitioner shows a material or substantial change in circumstances. For a change in circumstances to be considered important enough to make the change, the change in circumstances must materially impact the best interests of the child and/or the ability to comply with the existing court order (e.g., a relocation). Other examples include a change in a parent’s work schedule, a change in the needs of the child, or concerns about the child’s safety in their present arrangement.
Under Maryland Family Law Section 9-107, any modification in custody or visitation must be in the best interests of the child. That is the standard employed in all decisions made by the court concerning children.
The process of petitioning for a modification in custody
You will need to ensure that the change in circumstances is significant and relevant to your child’s welfare. You will want to be sure that you document these changes in detail to make your argument as strong as possible.
- Consult with a child custody attorney – It’s important to consult with a child custody attorney in Maryland before taking any further steps. A child custody attorney will help give you strategic advice concerning how to convince the court to ratify the agreement. They will also assist in providing the necessary legal documents to submit to the court.
- File a petition to modify custody – You will have to file a formal petition to modify custody with the same court where the original custody order was issued. You will need to discuss the change in circumstances and the impact each change would have on the child.
- Serve the other parent – Once your modification petition is filed, you must legally serve the other parent notice of your request to modify custody. The parent can either accept the modification or contest it.
- Prepare for your hearing – You’ll need to gather all the evidence you need to prove to the court that the change in circumstances is material and impacts the best interests of the children. This can include documentation regarding a change in your own life, a change in your child’s life, testimony from teachers or counselors, and whatever other information may apply.
- The hearing in court – You will then present your case to the judge. The judge will decide the matter based on the best interests of the child.
In your presentation, the court will be looking for evidence that the changed circumstances are “material” for the child. This means that the changed circumstances must impact the child’s life in some material way. You should be prepared to demonstrate how the current arrangement is insufficient or harmful to the child and how your proposal serves the best interests of the child better than the current arrangement.
Talk to a Maryland Child Custody Attorney Today
Schlaich & Thompson, Chartered represent the interests of Maryland residents who want to change a child custody agreement. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
