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Child custody can be established according to several different arrangements in Maryland. For instance, there is legal custody, physical custody, primary physical custody, joint physical custody, joint legal custody, and so forth. The whole system can be a bit overwhelming to non-specialists. To those who aren’t familiar with the Maryland family law system, there is a tendency to think that child custody orders are set in stone. In other words, people suppose that custody orders cannot be changed once they have been created. But this is not the case. In this post, we will discuss the circumstances which warrant a modification of child custody in Maryland. As we will see, this matter is difficult to pin down precisely, because modification is essentially based on a very general principle.
Child Custody in Maryland Courts Follows the Best Interests Standard
After a child custody order has been created, a parent may petition the court to modify the order. A common scenario is the following: a non-custodial parent (i.e. the parent without primary physical custody) notices a change in circumstances and seeks to obtain primary physical custody of his or her child. The question becomes: what sort of circumstances warrant a modification of custody?This question isn’t easy to answer because Maryland family law follows a general principle when making these determinations. To warrant modification a parent will need to show that the modification is in the child's best interest. As a rule, the parent seeking modification will need to show that a change has occurred in the child’s situation. It must also be shown that this change has produced an environment that is comparatively worse than before. This means the burden of proof is on the parent seeking modification.In short, the parent seeking modification needs to show that there has been a change in circumstances and that consequently the child is best served by having a new custody arrangement. Suppose that the parent who has primary physical custody develops a problem with alcoholism and cannot effectively take care of the child. Or, suppose that a parent is diagnosed with a mental health condition that makes caring for the child unreasonably difficult. Each of these changes might suffice as grounds to modify an existing child custody order.
Children Can Seek a Modification at Age 16
In Maryland, once a child turns 16, the child has the ability to petition the court to seek a custody modification. However, this doesn’t mean that the child is simply able to obtain a new arrangement automatically. The burden is on the child to show that a change in custody is in his or her best interest. In other words, the court still follows the same principle which applies when a parent seeks modification. The reason for this is that courts don’t want children to use modification as a means to punish or lash out at a parent. In order to achieve modification, the court must see a compelling reason.
Contact The Murphy Law Firm for Additional Information
This is just a quick overview of custody modification. There is more to know. In the future, perhaps we will discuss specific cases, such as Neuwiller v. Neuwiller (1970). If you’d like to learn more, please contact The Murphy Law Firm today by calling 240-493-9116.
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