Life rarely stays the same, and the child custody arrangement that worked when your divorce was finalized may no longer serve your family’s needs. In Maryland, parents can seek modifications to custody and visitation orders, but only under certain circumstances.
The Material Change Standard
Maryland courts will consider modifying a custody order only when there has been a “material change in circumstances” since the original order was entered. This isn’t simply about minor inconveniences or disagreements—the change must be significant enough to warrant court intervention.
Examples of Material Changes
Courts have recognized various situations as material changes that may justify modifying custody:
Changes in Living Situation
- One parent relocating to a different state or significant distance
- A parent’s new spouse or partner moving into the home
- Substantial changes in a parent’s housing situation
- Safety concerns in one parent’s home
Changes Affecting the Child
- The child’s age and evolving developmental needs
- Changes in the child’s school or educational requirements
- Mental health concerns or behavioral issues
- The child’s expressed preferences (given appropriate weight based on age and maturity)
Changes in Parental Circumstances
- A parent’s work schedule changing significantly
- Substance abuse issues developing or worsening
- A parent’s health issues affecting their ability to care for the child
- Domestic violence or safety concerns
Failure to Follow the Existing Order
- Repeated violations of the custody schedule
- Interference with the other parent’s custody time
- Failure to communicate about important decisions
- Patterns of alienating behavior
The Modification Process in Maryland
Step 1: Document the Changes
Before filing for modification, gather evidence of the material change. This might include:
- Documentation of relocation
- School records showing issues
- Communications demonstrating the need for change
- Witness statements if applicable
Step 2: File a Motion to Modify
You’ll need to file a motion with the court that issued the original custody order. The motion should clearly explain:
- What material change has occurred
- How the change affects the child
- What modification you’re requesting
- Why the modification serves the child’s best interests
Step 3: Serve the Other Parent
The other parent must be properly notified of your motion and given an opportunity to respond.
Step 4: Court Hearing
If the matter isn’t resolved through agreement, the court will hold a hearing where both parents can present evidence and testimony.
The Best Interests Standard Still Applies
Even when a material change is established, the court’s ultimate focus remains on what serves the child’s best interests. Factors the court considers include:
- The fitness of each parent
- The child’s relationship with each parent
- Each parent’s ability to maintain family relationships
- The child’s adjustment to home, school, and community
- Each parent’s willingness to share custody
- Any history of abuse
When Agreement Is Possible
Parents can often reach agreement on modified custody arrangements without contested court proceedings. If you and your co-parent agree on changes, you can submit a consent order for the court’s approval, which is typically faster and less expensive than litigation.
Protecting Your Rights
Whether you need to modify custody due to changed circumstances or you’re responding to a modification request from your co-parent, having experienced legal representation is essential. The attorneys at Leffler, Bayoumi & Oliver, LLC can help you understand your options and advocate effectively for you and your children.
Contact our office to schedule a consultation and discuss your custody modification needs.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.