It might feel impossible to fulfill the terms of your custody order if you move, change your work hours or become disabled. While these orders might seem set in stone, you can modify them under specific circumstances.
Maryland courts can modify custody and parenting time if a child’s needs change or a parent’s schedule or living situation changes. However, you will need evidence to prove why your current custody order does not work or requires adjustments.
What factors do courts consider when modifying custody orders?
Courts in Maryland often factor material changes in your ability to take care of your child. Following this, courts also keep the best interests of your child in mind when determining whether or not to allow parents to modify their custody orders.
Judges closely examine your circumstances to see if they have changed significantly from the original order. The primary factors that can affect the court’s decision include:
- Material changes in circumstances: Relocation, schedule changes, repeated missed visits or new safety concerns
- Crimes and mistreatment: Abuse, neglect or domestic violence
- Best interests of the child: The child’s safety, welfare and stability
- Existing custody terms: The ability of each parent to comply with the current custody order while the case moves forward
To examine these factors, courts often examine documents such as school records, medical records, texts, schedules, police reports and witness statements. These elements help courts decide if changing custody is best for your child.
How to modify a custody order in Maryland
If you want to change your custody order, you will need to obtain the signature of a judge. To accomplish this, file a petition with your local family court explaining the changes and your proposed adjustment.
Make sure to include supporting evidence such as school or medical records, witness statements and any proof that shows changes in either parent’s situation. Afterward, attend all hearings and follow court rules. This way, you can prove to the court that you are willing to cooperate for the sake of your children. Ultimately, Maryland courts prioritize custody orders that are most beneficial for a child, but also realistic for both parents.
