Divorce Diaries: Lessons From the Trenches

EP #36: Maryland Custody Modifications: What Parents Need to Know

• Cary Jacobson, Esq. • Episode 36

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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. 

If you’re weighing a modification or just want to be prepared, listen now and share this with someone who needs clarity. Subscribe for more real-world guidance, and leave a review to tell us what questions you want answered next.

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Cary Jacobson:

A lot of parents think that once a custody order is in place, it's set in stone forever. But that's not the case. Court orders in Maryland related to child-related issues, including custody, child support, access, can be modified, but only under specific circumstances if the case is going through court. Because courts want to ensure stability for your children and they don't change orders lightly.

Intro/Close:

Welcome to Divorce Diaries, where attorney Carrie Jacobson brings you real stories, hard truths, and practical advice on navigating divorce and family law. Whether you're going through it, considering it, or just curious, this is your place for clarity, confidence, and resilience.

Cary Jacobson:

Welcome back to Divorce Diaries Lessons from the Trenches. I'm your host, Carrie Jacobson, attorney and mediator at Jacobson Family Law. On this podcast, we share real-world stories, practical advice, and insights to help you navigate divorce, custody, and co-parenting with clarity and confidence. Today I want to dive into a question that comes up a lot in our practice. When can you modify a child custody order in Maryland? Now, as many of our listeners know, we are our practice is located in Maryland, and so most of these pieces of information are going to apply to Maryland, but you should be sure to check for your state because some of them may also apply to your situation, but always be sure to check your state laws and regulations. So if your child's needs have changed since the last custody order has been in place, that's when we're talking about modification. Maybe your schedule looks different than it did a year ago or five years ago. Or maybe circumstances in your co-parents' life make the current custody arrangement unworkable. Whatever the reason, it's important to know when and how custody orders can be modified. A lot of parents think that once a custody order is in place, it's set in stone forever. But that's not the case. Court orders in Maryland related to child-related issues, including custody, child support, access, can be modified, but only under specific circumstances. If your case is going through court, because courts want to ensure stability for your children and they don't change orders lightly. So if you need to go through court in order to change your custody arrangement, you're going to need to prove that there has been a material change in circumstances since the last order. And what that means is that something significant has changed since the last court order. That could be that you're no longer living in the same location, and the distance between you and the other co-parent no longer makes the existing custody schedule work. It could be that things just aren't working well between you and your co-parent, and that's having a negative impact on your child or children. So there's lots of different things that could come into play that has been significant since your last order that require that you have a change in your custody order. But there's a second prong to what you have to prove in court. Not only that there has been a change in circumstances, but the change or what you're asking for is also in your child's best interest. And it's not what's most convenient to you as a parent, it's really what helps your child thrive in this new situation. So some examples of material changes could be one parent relocating, especially if it impacts the schedule. So we've had scenarios where a parent has to relocate outside of the state. And so a 50-50 schedule is no longer feasible. It could be that you've moved multiple counties away, and you know, now there's a two-hour difference between you. And so doing a 50-50 schedule may not be practical to get your child to school each every other week. It could be that you've your child's needs have changed, such as medical, education, or emotional needs. It could be that one of your either yours or your co-parents' work schedule has changed. We've had a lot of that, especially in the DC region, where you know many parents were previously working from home and now they're having to go into the office and commute much longer than they previously did. And so that may also disrupt your current arrangement. And there may also unfortunately be concerns about your child's safety or well-being in the other parents' care. And that could be another significant change in for you to request a modification. Now, again, right now we're talking just about how you modify things in court. And if you believe a modification is necessary, the process typically starts with you filing something in court. Now, I would recommend that you double check your agreement if you had one or any court order to ensure that there are not other things that you need to do first. Because many times there's a requirement that you participate in mediation first before filing in court. So you want to ensure that you comply with your existing order. And after you've complied with your existing order, and you if you do indeed need to file a petition in court, from there, if you're not able to resolve your differences with your co-parent, it's going to be up to a judge to decide whether or not truly a change is necessary and that you've met the burden of showing that there has been a significant change and that what you're requesting is in your child's best interest. And sometimes what we focus on with our clients is helping clients work through reaching modifications through mediation or negotiation. And this can be a more cost-effective and less stressful way of dealing with modifications. So if you have a change that you are requesting, your first step may be to try to mediate this. Because many times, if you file in court, the court's also going to require you to participate in mediation first before your case gets to a judge. So it's important to remember that you don't always have to go to court to make these changes. Parents can agree to modify custody, including parenting time, as long as the two of you consent to that. These agreements can be reached formally through the negotiation, whether that's you and your co-parent, or if you both need to hire attorneys to negotiate those differences, or you can come to mediation to try to resolve those differences. Mediation in particular provides the structure and the neutral environment that helps parents talk through changes, helps you avoid conflict, and helps you come to a resolution that truly works for you and your family. Once you've reached that agreement, it can actually be put in writing and filed with the court so that it becomes enforceable and it becomes your new court order. This cooperative approach saves time. And it allows you as parents to stay in control of your parenting arrangements rather than leaving it to the hands of a third-party judge who doesn't know you or your family. So the practical takeaway is that custody orders and child support can be modified. Now I know most of what I was just discussing was custody related, but I also want to discuss child support. So in order to modify child support, you also have to show those same significant changes of circumstances. And so that significant change could be that either you or your co-parent has either lost or has a reduction in income, or that one of you has an increase in income. It could also be that either of you have had changes in the expenses that you are paying for your child. Maybe it's health insurance, maybe it's child care or other expenses that are being paid by either of you on their behalf. Those are all good reasons why you may need to come back to the table to have a conversation about modifying child support so that you can have a new arrangement with that as well. If you're considering asking for a modification of custody or child support, make sure you have the strong reasons and clear evidence to support why it's in your child's best interests. And if you're facing a situation where custody modification or child support modification might be necessary, know that you don't have to navigate it alone. You can contact us at Jacobson Family Law where we help parents through custody and child support cases with compassion and clarity. You can learn and even schedule a consultation through our link in our show notes, or go to our website, which is JacobsonFamilyLaw.com. And if you're looking for other resources to better understand custody, co-parenting, and divorce, don't forget to check out our Stan Store where we've put together guides, tools, and other courses for you to check out. Again, my name is Carrie Jacobson with Jacobson Family Law. And thank you for tuning in to Divorce Diaries Lessons from the Trenches. If this episode was helpful, please subscribe or share it with someone that you know that it may help as well.

Intro/Close:

Thanks for joining us today on this episode of Divorce Diaries. Remember, every journey is unique, but you don't have to navigate it alone. Visit JacobsonFamilyLaw.com or call 443 726 4912 for support and guidance.