A child custody order provides stability, but sometimes circumstances change. In Maryland, a court may modify custody if there is a material change in circumstances that affects the child’s well-being.
What is meant by a material change in circumstances? Below are some key reasons why custody may be modified in Maryland.
Significant change in parental circumstances
A custody order is based on the situation at the time of the court’s decision. If a parent experiences a major life change, such as a job loss, relocation or serious illness, the court may review the existing arrangement. A move that makes the current custody schedule unworkable is one of the most common reasons for modification.
Child’s safety and well-being
If a parent’s actions endanger the child, a custody change may be necessary. This can include substance abuse, neglect, domestic violence or criminal activity. The court prioritizes the child’s best interests and will modify custody if the current arrangement puts them at risk.
The child’s needs have changed
As children grow, their needs change. A once-suitable custody plan may no longer work due to school schedules, medical needs or the child’s own preferences. If a child is old enough to express a reasonable preference, the court may consider their wishes when modifying custody. However, it is important to note that the child has no final say. The deciding factor is always the court’s perception of the child’s best interests.
To modify a custody order, the requesting parent must file a petition with the court and prove that a material change has occurred. The judge will evaluate the case based on what serves the child’s best interests. If you believe a custody change is necessary, it may help to seek legal guidance.
