MARYLAND MODIFICATION LAWYER
Parties can request modification of a child custody order, alimony order, or child support order in Maryland. If the circumstances in your life changed so that you can no longer afford to pay the same amount of alimony or child support or your needs or the needs of your child changed so that you now need a different amount of money than was ordered at the time of your divorce, you can seek a modification. In Maryland, there has to to be a material change in circumstance to modify a court’s order.
Have your circumstances changed? If so, call us to discuss if a modification is an option!
MODIFICATION OF A CHILD CUSTODY ORDER
Child custody and child support orders are always subject to modification by the court. Maryland courts may modify an existing custody or visitation order if there is a “material change in circumstance.”
The courts have established a two-step process to determine whether custody should be modified. First, the party requesting the modification must show that there has been a material change in circumstances since the entry of the custody order. Second, if there is a material change in circumstances, the court would proceed with a best interest of the child analysis to determine whether custody should be modified. In doing so, the court applies the 16 factors listed below to determine if a modification is warranted.
Stability and the foreseeable health and welfare of the child;
Frequent, regular, and continuing contact with parents who can act in the child’s best interest;
Whether and how parents who do not live together will share the rights and responsibilities of raising the child;
The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
The child’s physical and emotional security and protection from exposure to conflict and violence;
The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
The day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
How to:
Place the child’s needs above the parents’ needs;
Protect the child from the negative effects of any conflict between the parents; and
Maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;
The age of the child;
Any military deployment of a parent and its effect, if any, on the parent-child relationship;
Any prior court orders or agreements;
Each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;
The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;
The parents’ relationship with each other, including:
How they communicate with each other;
Whether they can co-parent without disrupting the child’s social and school life; and
How the parents will resolve any disputes in the future without the need for court intervention
The child’s preference, if age-appropriate; and
Any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.
Can a Divorce Order Be Modified?
Yes, a divorce order can be modified when modification makes reasonable sense and is necessary based on a material change in circumstances. For example, if one parent is planning on relocating out of state and needs a modification of the current order, the judge may address this issue at a modification hearing. If the parties are reasonable, they may be able to modify an existing order without having a litigated hearing. If they are not in agreement, one party will need to file a petition for modification, and then serve the petition upon the other parent. Once served, the Court will conduct a hearing to determine if a modification is warranted.
Our experienced family law attorney can help you identify:
Which issues are and are not modifiable;
Filing a petition for modification with the court;
Negotiating a consent order with your ex;
Representing you during a hearing.
At the Law Office of Neveen H. Kurtom, LLC, we have helped many with their modification cases. We would be happy to meet with you to discuss if your case warrants a modification. Call us at (301) 356-4423 today.