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Is it difficult to request a custody modification in Maryland?

by | Mar 14, 2016 | Custody & Visitation |

If you’re a noncustodial parent, you likely want to spend as much time with your child as possible. Continuing to foster the bond between yourself and your child may be incredibly important to you, but you realize this can be a challenge if you don’t have the opportunity to spend as much time with your child as you’d like. Sometimes, you may even think your child would be better off if you were the custodial parent.

If you’ve considered requesting modification of your custody order, you may have also considered the question we’re asking above, “Is it difficult to request a custody modification in Maryland?” In today’s post, we’d like to answer that question.

For some, the most challenging part of seeking modification of a child custody order is navigating the complex legal process. For others, it’s the amount of work that needs to be put into a request that creates the difficulty. In Maryland, the parent seeking modification of an order has the burden of proof to show why the court order should be modified. In many cases, this requires the parent to show that the child would be better off in their home.

In some cases, a change in custody may be because of abuse or neglect in the other household. In cases like this, it would be in the child’s best interest to go with the other parent instead of remain in the harmful environment. In other cases, such as in a change of financial circumstances, it may be necessary to modify a custody order to ensure adequate support for the child’s needs.

However you define “difficult,” know that the approval of a modification will inevitably rely on whether you can persuade a judge into believing that a change is necessary and whether that change is truly in the child’s best interests. If you don’t consider yourself particularly eloquent, then it may be a good idea to speak with an attorney and gain their services before taking your request before a judge in Maryland.

Source:  The People’s Law Library of Maryland, “Child Custody in Maryland,” Accessed March 9, 2016