How to Request a Child Custody Modification In Maryland

In this article, you will discover:

• When you can modify a child custody order in Maryland
• What qualifies as a material change in circumstances in a child custody modification petition
• How a family law firm can help if you’re seeking to modify a child custody order

When Can A Child Custody Order Be Legally Modified After A Divorce Or Custody Ruling In Maryland?

Because the law recognizes that life and your children don’t stand still, a child custody order is never forever. In light of that, you can always ask for a modification of custody if you can prove a material change in circumstances that affects the welfare of the child.

What Qualifies As A Material Change In Circumstances For Child Custody Modification In Maryland Courts?

A material change in circumstances must be more than one parent’s minor disagreement or discomfort with the current schedule, even though that happens often.

According to Maryland  statute, material changes that would justify a change in physical custody include:

• Relocation, where one parent moves far away from the other parent
• A major change in a parent’s work schedule
• A parent developing a serious substance abuse issue
• Proven allegations of abuse or neglect at a parent’s home

A significant change in a child’s needs is also considered a material change. For example, suppose a child has a 2-2-3 co-parenting schedule: Monday and Tuesday with one parent, Wednesday and Thursday with the other parent, and then the weekends alternate. If that child is diagnosed with ADHD or some other emotional or behavioral diagnosis, that can change the child’s needs. It may now be that the child’s top need is consistency and stability, and that 2-2-3 doesn’t work anymore.

How Does Your Family Law Firm Guide Parents Through A Child Custody Modification Case?

The Maryland Courts use best-interest factors to determine which type of custody is in a child’s best interest. In a custody modification, our job is to help you assess the strength of your case by matching the facts of your material change in circumstances directly with the factors the court is considering.

Specifically, we help you review the evidence so you can make objective, informed and calculated decisions about the best way to move forward. Ultimately, you may have to decide whether your case is strong enough to take it to court and whether it makes sense for you to do that.

Attorney Shannon Rusz is a skilled lawyer based in Annapolis, Maryland, who has helped clients like you navigate the intricacies of family law. With years of experience, she is prepared to assist you in seeking a child custody modification that addresses your material change in circumstances so that your child’s best interests can continue to be honored.

Still have questions? Ready to get started? Contact Rusz Legal Services today to schedule an initial consultation.

How Are Your Fees Typically Structured For Child Custody Modification Cases?

What we do in a child custody modification case is different from what other law firms do. Specifically, we offer what we call “phased representation.”

We divide the case into four phases, each with a budget. The budget is essentially our best estimate of the time required for the typical tasks to be completed within that phase of the case.

When we get started, instead of requiring a large, open-ended retainer up front, we ask you to deposit funds into a trust account only for the budget of the first phase. If we start to approach the limits of the budget of that phase, we pause work on the case, and our attorney will call you to discuss what’s left to do in that phase and options for moving forward that will help you stay within your budget

When we’re ready to move to the next phase, we notify you, and you deposit the budget for that phase.

The budgets for each phase are much smaller than a typical upfront retainer would be for a family law case. This arrangement offers you much more control, the opportunity to pause at specific points in the case to consider your options for moving forward and the opportunity to make informed decisions about how you want to proceed.

One of the biggest problems in family law cases is that no attorney can guarantee how much time or effort will be required. We do the next best thing: give you our best estimate, some control over your budget and how you want to move forward.

Are Limited Legal Consultations Available For Maryland Parents Considering Filing A Custody Modification Request?

We offer limited-scope legal services, which we refer to as à la carte services. They can be helpful in custody modifications.

One of the most useful services we provide in a custody modification is our case evaluation service. This service is helpful for a client who wants to modify custody but isn’t sure whether they have a strong legal case or what is required for a modification.

The evaluation process involves a lengthy telephone conference with the client, during which we review all the information about their situation, ask questions and figure out what’s going on. We also review any relevant documents they might have, such as their existing order or any agreements regarding custody, and other factors they consider important to the modification. Following that review, we provide a written evaluation of the client’s legal status and their options.

This process helps the client understand where they stand legally and allows them to decide whether and how to proceed with a custody modification.

How Long Does The Child Custody Modification Process Usually Take In Maryland Family Courts?

In Maryland, a child custody modification usually takes four to nine months if it’s contested. Suppose the parties engage in negotiations, which we often do in custody cases, and reach an agreement. Then the process is much faster because you submit your agreement to the court, which settles the matter.

Still Have Questions? Ready To Get Started?

For more information on child custody modification in Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 251-4502 today.