A Maryland Petition/Motion to Modify Custody/Visitation is a legal document that a custodial parent or non-custodial parent can file in court to modify the existing custody or visitation order for the child. It is used to either change the terms of visitation or custody, or to ask for a new arrangement entirely. Depending on the situation, the court may also order a change in child support payments. There are two different types of Maryland Petition/Motion to Modify Custody/Visitation: 1. Joint Petition/Motion to Modify Custody/Visitation: This is filed when both parents agree to the change in custody/visitation and submit a joint petition to the court for approval. 2. Petition/Motion to Modify Custody/Visitation with Notice: This is filed when one parent does not agree to the change in custody/visitation. The petitioner must serve the other parent with legal notice of the petition. The non-petitioning parent then has the opportunity to respond to the petition and present evidence at the hearing.
Maryland Petition/Motion to Modify Custody/Visitation
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FAQ
Qualifying material changes to child custody arrangements may include: Interfering with court-ordered visitation. Moving out of state. Inability to comply with the previous order.
Maryland is one of many states that allow a child to weigh in with their preferences at 16 years of age. It also allows children 16 years and older to petition the court for a change of custody if they're not happy with the arrangement ordered in the initial decree.
Once every three years, either parent has the right to ask the office of Child Support Enforcement to review the child support order for possible modification.
As detailed in Section 9-101.1, a parent can lose child custody or visitation rights if they commit abuse or domestic violence against: The other parent of the child; The spouse of the abuser; or. Any child who resides in the same home.
If you already have a court order for custody or visitation, you can request the court to change custody or visitation. To do this you may: (1) obtain the services of an attorney to handle your case; or (2) file the case yourself by using the Domestic Relations forms.
The Court of Appeals of Maryland has explained that a change in circumstances is material only when it affects the welfare of the child. A parent's relocation in and of itself may not constitute a material change in circumstance unless one of the parties shows that it has materially affected the welfare of the child.
While no list of factors can be exhaustive given the individual characteristics of each custody case, here is a list of factors often considered by Maryland courts in custody cases: (1) fitness of parents; (2) character and reputation of parties; (3) desire of parents and agreements between parties; (4) potential of
A material change of circumstances is an alteration in the facts and conditions associated with a custodial scheme or arrangement so significant that the existing plan no longer satisfies the best interests of the child.