Resolving Disputes and Modifying Custody Orders

Although each custody battle is unique, there are definitely norms when it comes to disputes that arise among them. These trends transcend whether the custody case is paired with a divorce or is merely a custody dispute between two unmarried people. My hope in highlighting some of these factors is to bring them to your attention, allowing you to prepare for situations that might trigger them and avoid them becoming a catalyst for legal complications and your potential downfall.

Common Disputes

By far, most disputes are financial in nature: people argue a lot over who’s going to pay for what. Understandably so since money dictates so much in our lives. Another major topic of dispute is parenting time. More often than not, both parents want to maximize the time they spend with their children, so determining who is entitled to time with the child and for what period of time can be particularly tricky. Lastly are issues of legal custody. Decisions pertaining to things like how the child is disciplined, their healthcare, education, or religious upbringing are hot topics that cause serious contention between parents arguing over custody.

Modifying an Existing Child Custody Arrangement or Order

You may think that if you can’t resolve a dispute with the other parent, you can simply have an agreement or order changed. Unfortunately, this isn’t quite the case. Modifying a child custody arrangement or court order in Maryland typically requires demonstrating a material change in circumstances since the original order was established. This requires a significant event to have occurred in the lives of either the parents or the children, rendering the existing order no longer entirely reasonable to the extent that it warrants reconsideration.

Some examples of circumstances that may satisfy the requirement for a material change include:

• One of the parents remarrying.
• One of the parents developing drug or alcohol problems.
• Incapacity due to a severe accident or health issue that affects a parent’s ability to care for the child.
• Discovery of a significant developmental delay or issue in the child that was previously unknown.

As is the case with everything else pertaining to child custody and support, there are a number of factors courts look into as part of its best interest of the child rubric to determine whether a material change has occurred. If it does, both sides will submit evidence, just like in a custody case.

Relocation

If you’ve been through a child custody case, whether you can relocate and maintain custody as you have it is subject to approval of the court. This depends upon several factors, with the primary consideration being where you are planning to move to. If the distance would make visitation under the current order impractical, the court would need to address this issue. For instance, if the custody order mandates parenting time every other weekend or once a week, relocating across the country with the child would pose considerable logistical challenges, rendering it impractical to impose that sort of order.

If you learn that the other parent is considering moving, it is wise to file an emergency petition with the court, especially if your custody order does not include provisions on relocation. This will prevent them from being able to proceed. Taking these sorts of proactive steps is important and will go far in protecting your rights while preventing any unauthorized relocation by the other parent.

Based in Baltimore, MD, Attorney Michael Cochran, a seasoned family law practitioner, has guided numerous clients through the complexities of child custody disputes. With a robust understanding of the legal system and practical challenges parents face, he's equipped to help you navigate the intricacies of modifying custody arrangements and resolving disputes. Through prioritizing the well-being of both parents and children, Attorney Cochran ensures that families find equitable solutions that serve the best interests of all involved.

Ready to prioritize your family's needs? Contact Michael Cochran Law Offices today for compassionate and knowledgeable legal guidance.

That said, negotiation is always encouraged, and co-parenting is a priority of the courts. It’s generally believed that maintaining the family unit as much as possible is in the best interest of the child, especially when it comes to changes in custody arrangements.

The parent-child relationship serves as the foundation and blueprint for the child in all their subsequent relationships throughout life, from romantic relationships to friendships. If parents can get along, negotiate in good faith, and be respectful and reasonable, it will have a positive impact on the mental health and development of the child.

Don’t underestimate how your efforts to negotiate and co-parent can profoundly shape how they interact with others in the future. Remember this as you navigate these dynamics — your child will not only be observing you for cues on how to interact with people, but it will likely bode well for you in court, too.

Proactively Planning Modifications to Child Support and Custody

As I mentioned, modifying child support or child custody as a child ages into young adulthood typically requires demonstrating a material change in circumstances. Simply reaching a certain age may not automatically warrant a change in either child support or custody arrangements.

However, if there are significant changes in the child’s needs as they grow older, such as pursuing extracurricular activities or higher education, it may be possible to request a modification. For example, if a child develops a talent for horseback riding or golfing that requires additional financial support beyond what was initially agreed upon, this could constitute a material change in circumstances warranting a modification of child support.

I also recommend being proactive and including provisions in the original custody order that specify certain ages or milestones at which you and the other parent will agree to revisit and potentially modify the terms. This could involve waiving the requirement of a material change in circumstances if both parties agree to modify the arrangement at a predetermined point in the child’s development.

Possible as this is, it is not to be confused with the courts automatically granting any sort of review of modification based merely upon a child aging. Ultimately, any modification would need to be approved by the court, which, again, will consider the best interests of the child when evaluating the proposed changes.

In Closing

Child custody and child support are both complex issues that center around the best interests of the child. Co-parenting, when possible, is generally in line with this standard and viewed favorably by the court. As a parent, being reasonable and responsible in custody disputes is absolutely vital, albeit not necessarily easy. Make it a conscious effort to always prioritize the well-being of your children above all else. It will pay off in the end, regardless of the short-term results. Trust me.

Although I make my living by representing parents in these custody disputes, ultimately, I care about the children caught in the middle of the battle as much as I care about my clients – if not more. Children are our future. If I can help my clients become better parents through the child custody process, helping them become more reasonable, responsible, and effective communicators, I believe that I have been successful.

A child’s relationship with their parents is one of the most important things in their life. I take the view that I’ve contributed to making things better for them with something that is far more valuable than a mere legal decision. Even in the less-than-ideal situation of divided child custody, parents can still make a positive impact on their children — perhaps even more than had they not entered the child custody dispute to begin with.

For more information on Resolving Disputes & Modifying Custody Orders, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (240) 433-5247 today.