In Episode 36 of Divorce Diaries: Lessons from the Trenches, Cary Jacobson, attorney and mediator at Jacobson Family Law, explores when and how custody and child support orders can be modified in Maryland. Cary brings her extensive family law experience to help parents understand their options and responsibilities when circumstances change after a court order has been established.
When Custody Orders Can Be Modified
Custody orders are not necessarily permanent. In Maryland, a parent may seek to modify a custody arrangement when there has been a material change in circumstances since the last order. This means that something significant has shifted in the family’s situation, making the current arrangement no longer workable or in the child’s best interest.
Examples of material changes can include:
- A parent relocating to a different county or state
- A change in a parent’s work schedule
- Shifts in the child’s medical, educational, or emotional needs
- Concerns regarding the child’s safety or well-being
To obtain a court-approved modification, parents must show not only that a material change has occurred but also that the proposed change aligns with the child’s best interests, rather than simply being more convenient for a parent.
The Legal Process for Custody Modifications
When a modification is necessary, the process often begins with reviewing the existing court order or agreement. Many agreements require parents to attempt mediation before filing anything in court. If those steps are completed and the issue remains unresolved, a parent may then file a petition for modification.
Once in court, a judge will evaluate whether a significant change has taken place and whether the requested modification benefits the child. The court’s primary focus remains on maintaining stability for the child while ensuring their needs are met in the changed circumstances.
Mediation and Negotiation Options
Parents don’t always have to go through the court system to modify custody arrangements. If both parents agree on the changes, they can work through mediation or negotiation to create a new parenting plan. Mediation provides a structured, neutral environment that can help parents communicate more effectively and avoid unnecessary conflict.
Once both parties reach an agreement, the new terms can be filed with the court to make the updated arrangement legally enforceable. This cooperative approach is often more cost-effective, less stressful, and gives parents greater control over the outcome than leaving the decision to a judge.
Modifying Child Support in Maryland
Similar principles apply to child support modifications. A parent seeking to change child support must also demonstrate a material change in circumstances, such as:
- A loss or reduction in income by one parent
- A significant increase in income by one parent
- Changes in child-related expenses, such as health insurance or childcare
When these financial shifts occur, parents may return to the table to adjust the child support arrangement to better reflect their current situation and their child’s needs.
Next Steps for Parents
If you’re considering a custody or child support modification, it’s essential to gather clear evidence of the change and understand the legal standards involved. Professional guidance can help ensure the process is handled efficiently and in your child’s best interest.
For more insights like this, listen to Divorce Diaries: Lessons from the Trenches at jacobsonfamilylaw.com/podcast. To learn more about Cary Jacobson and the legal services offered at Jacobson Family Law, visit jacobsonfamilylaw.com.