Child custody decisions can be difficult for everyone involved, including parents, children, and other family members. Because circumstances can change over time, it is sometimes necessary to ask the court to modify an existing child custody or visitation order.
In Maryland, parents may modify a child custody or visitation order for many different reasons. These can include a change in a parent’s work schedule, a parent moving to a new location, changes in the child’s needs, or concerns about the child’s safety.
When Can You Modify a Custody or Visitation Order?
You can modify a child custody or visitation order in Maryland under certain circumstances. However, the process is not automatic. You must show the court that an important change has happened since the original order was put in place, and you must also show that modifying the order is in the best interests of the child. Maryland courts often call this the “child’s best interest standard,” which is the main concern in all child custody decisions.
Below are some examples of important factors (also called “material changes in circumstances”) that can lead the court to modify a custody or visitation order. If you have questions about any of these material changes in circumstances, seek a legal consultation with a local attorney in Maryland:
- Relocation of a Parent: If one parent has to move for work, school, or personal reasons, this could affect the existing visitation schedule. For instance, if a parent moves to another state, the existing arrangement might no longer be possible without major travel. This could lead to a request for a modification.
- Significant Changes in a Parent’s Employment or Financial Situation: If a parent suddenly loses a job or begins to work extended hours, this might change their ability to care for the child at certain times.
- Changes in the Child’s Needs: As children grow older, their needs can evolve. A child might require additional medical care or therapy or have educational changes that make an existing custody schedule difficult to follow.
- Evidence of Abuse, Neglect, or Mistreatment: If there are allegations or proof that a parent is abusing or neglecting the child, the court may modify custody to protect the child’s well-being.
- Substantial Changes in the Child’s School or Extracurricular Commitments: Sometimes, a child’s new school program, sports, or other activities require changes to the schedule.
In any custody or visitation modification case, you must show that these changes have happened since the last court order was issued. The court will not look favorably on small or trivial changes. Instead, the change must be serious enough to affect the child’s daily life or overall welfare. You will also need to show that your suggested modification will benefit the child more than the current arrangement does.
How to File a Petition for Modification of Child Custody or Visitation Order
If you have decided that modifying an existing order is necessary, you will need to file a Petition for Modification with the court. In Maryland, this process typically involves filing papers with the same circuit court that issued the original order. Here are the steps in detail:
Filing a Petition for Modification
If you have decided that modifying an existing order is necessary, you will need to file a Petition for Modification with the court. In Maryland, this process typically involves submitting paperwork to the same circuit court that issued the original order. You must complete the necessary forms and explain how circumstances have changed since the original order was made. Be sure to clearly describe why these changes warrant a new custody or visitation arrangement.
Petition to Modify Custody or Visitation (Form CC-DR-007)
This form tells the court what changes you are asking for. You should explain how circumstances have changed and why a custody or visitation modification is needed. Provide as much detail as possible about why the current order no longer meets the needs of the child.
Financial Statement (If Also Requesting Child Support Changes)
If you are also requesting a change to child support, you may need to fill out a financial statement. This document helps the court assess whether an adjustment to child support is appropriate and ensures that the child’s financial needs are properly addressed.
Civil Domestic Case Information Report (Form CC-DCM-001)
This form lets the court know the basic details of your case. It provides the court with information such as the type of case, the issues involved, and any other pertinent data. Filing this form correctly ensures the court processes your request efficiently.
Serving the Other Parent
After you file your paperwork with the court, you must give copies to the other parent. This procedure is known as “service of process.” Typically, this is done by a sheriff, constable, or private process server who delivers the documents to the other parent. Proper service is essential because the other parent must be informed that you are seeking a modification.
Mediation or Alternative Dispute Resolution
The court may require you and the other parent to attend mediation or some form of alternative dispute resolution. Mediation involves a neutral third party who helps both parents reach an agreement on custody or visitation matters without going to court. This step can save time, reduce conflict, and lower legal costs if both parents can successfully work out an arrangement together.
Attending a Court Hearing (If Necessary)
If mediation does not resolve the issues, or if the court decides that mediation is not appropriate for your situation, you will need to attend a court hearing. During this hearing, you will present evidence about the material changes in circumstances and explain how your proposed modification meets the child’s best interest standard. Because the judge’s ruling can significantly affect your parenting time and responsibilities, it is important to be organized and prepared.
Waiting for the Court’s Decision
After the hearing, the judge may announce a decision right away or take extra time to review the information before ruling. If the judge approves the modification, the new custody or visitation order will replace the old one. If the judge denies it, you must continue to follow the existing order as it currently stands.
What Are Temporary Child Custody Modifications?
Sometimes, issues arise that are so urgent that there isn’t enough time to wait for a normal modification hearing. In these cases, Maryland courts can grant a temporary child custody modification to protect the child until a final resolution is reached.
Reasons for temporary child custody modifications include:
- Imminent Danger to the Child’s Health or Safety: If a child is in immediate danger because of a parent’s behavior, substance abuse, or someone else in the parent’s household, a court may step in right away.
- Abandonment: If one parent has walked away from their parenting responsibilities, you might need a temporary order to protect the child.
- Violations of the Existing Custody Order: Serious or repeated violations of the existing order can lead the court to order a temporary change.
How To Request a Temporary Modification
You will need to file an emergency motion with the court, explaining the urgent circumstances in detail. Make sure to include evidence, such as reports from Child Protective Services or police reports, if available. If the court sees that the child is in immediate danger, it might grant a temporary change very quickly.
A temporary modification remains in place until the court can schedule a full hearing on the matter. This can last days, weeks, or even months, depending on the court’s schedule and the complexity of the case. Keep in mind that a temporary order is not permanent. You will still need to prove at the final hearing that a longer-term modification is in the child’s best interests.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are facing a child custody modification or have more questions about how to protect your rights, consider speaking with a Maryland child custody lawyer as soon as possible. You can use LegalMatch to quickly connect with local attorneys in Maryland who understand family law.
By consulting with a lawyer, you can get personalized advice, ensure your paperwork is done correctly, and put your best case forward in front of the judge. Having professional guidance can make all the difference when you are trying to show how the requested changes are in your child’s best interests.
