Do You Need To Go To Court To Change a Custody Order?

In Maryland, the courts prefer that child custody agreements remain in effect until the child reaches legal age. However, circumstances do not always stay the same. It is common for parents to move or enter into other relationships, leading to changes that may necessitate amendments to their custody agreements. While these changes may prompt parents to consider modifying custody arrangements without involving the court, it is important to recognize the potential drawbacks of doing so. 

What Happens If You Do Not Go To Court To Change a Custody Order?

Although it can be tempting to verbally agree with the co-parent to change a custody arrangement, making these informal changes without involving the court system may not work out as intended. The legal system recognizes that people’s decisions can change, and without a legally binding agreement, individuals can leave themselves vulnerable. 

As a result, although you may trust the other parent to honor the verbal agreement without making it official through the court, you need to remember that you have no legal protection if they decide to go back on their word. However, taking the time to request a modification to your custody agreement through the court process can provide you with peace of mind. By doing so, you will have an updated and legally recognized document to rely on in case your co-parent remarries, relocates, or attempts to avoid complying with the terms outlined in the custody papers.

How To Change Child Custody in Maryland

If you are thinking about changing a custody order in Maryland, consider the following steps that you may come across:

Is there a Material Change in Circumstances?

To request a modification to a custody order, the parent seeking the change must provide evidence of a substantial change in circumstances that has occurred since the issuance of the last order and which impact the child’s well-being. Such changes may encompass a parent’s relocation to a new area, significant shifts in a parent’s capacity to provide for the child’s well-being, or changes in the child’s needs.  In addition to proving that there has been a material change in circumstances, you must also prove that such a modification would be in the child’s best interest. 

File the Petition

The next step in modifying a child custody agreement is for the parent seeking the change to submit a formal petition to the appropriate court. This petition should clearly articulate the reasons for the requested modification and include any supporting evidence, such as changes in the child’s circumstances or the other parent’s behavior. However, before filing this petition, it is advisable to seek legal guidance from experienced family law lawyers to ensure the petition is properly prepared and presented.

Court Proceedings

After submitting a petition, the court may require the parents to participate in mediation to facilitate reaching an agreement regarding custody arrangements. If an agreement is not reached, a court hearing will be arranged. During the hearing, both parties have the opportunity to present their arguments and evidence, and the judge will make a decision based on what is deemed to be in the best interests of the child.

Custody Agreement Modification

 If the court determines that circumstances have significantly changed, warranting a modification to the custody order for the child’s benefit, and that such a modification is in the child’s best interest, it may issue a new custody order reflecting the requested changes. It is important to understand that the court’s decision is rooted in what it perceives to be in the best interests of the child.

For Further Information About Custody Agreements and Making Changes, Contact Rice Law Today

If you want to learn more about making changes to custody agreements or to discuss your specific case in more detail, contact Rice Law today and review your questions with an experienced Maryland family law attorney.