An experienced lawyer at our firm helps clients obtain modify child custody awards when there is a sufficient basis to seek modification based on the material welfare of the minor child or children. Based on experience and the law, we do not file child support modifications just because a particular client did not like the result. If you are considering seeking a modification of custody, it is essential that you obtain a professional opinion about whether there has been a material change in circumstances since the entry of the last Final Custody Order. The fact that a child has grown older, or the parties still cannot agree about anything (when they never could) is usually not a strong basis for seeking a modification under Maryland law. This law firm also helps parents defend status quo custody arrangements. The practice area of custody modification requires a deep understanding about the law. The custody modification process will trigger a full judicial process including screening at the Scheduling Conference by social services in the circuit court.
In any modification request, the starting point will be the existing child custody agreement or court order. Typically, agreements are made part of a court order. A parent seeking a child custody modification must show that there has been a material change of circumstance and that the change affects the child’s best interests. Some changes that normally can cause a change in legal custody or physical custody are:
• Health issues. A child develops health problems that require he/she attend a special school and routinely get medical help such as physical therapy and psychological counseling. A parent may develop health issues too that make it harder to care for a child.
• Relocation. A parent moves to another county or state.
• A parent remarries. A new spouse can necessitate a change if the couple moves into a new home or the home of the step-parent. A parent may not think the step-parent is competent to help raise their child.
• A change in work schedule. A parent who gets a new job or has an increase/decrease in work hours may not be able to be at home when the child is home.
Other changes that can necessitate a child custody modification are if a parent becomes incarcerated, develops an addiction or is abusive to the children. Modifications can work in reverse as well. A parent may be released from jail or may have medically addressed any addiction issues. Our experienced attorney has experience with a wide variety of changes in circumstances, and we explain what circumstances might require a custody change order and what the new order should include.
Children have the right to enjoy the financial rewards when a parent gets a new job, a promotion or his/her business takes off. Child support is not meant to be a baseline. If the non-custodial parent’s earnings grow substantially, the child has the right to increased support. In the same manner, if a parent legitimately loses a job, then the parent has the right to request that a child support order be reduced until the parent can get comparable work.
Other reasons a change in a child support order may be approved are:
• The parent paying support:
◦ Has a new child
◦ Incurs medical problems that require attention or that reduce the ability to earn a living
◦ Goes on disability
• The child has special medical needs that must be paid for
• A parent relocates, which can mean increased travel expenses or other legitimate expenses to see and take care of the child
Child support and child custody orders are generally valid until the child reaches 18 years of age. These orders can be changed, but only if the family situation changes. At S.B. Freeman Law Group, we represent parents who want to modify legal custody, physical custody, or the amount of child support. Our Maryland family law attorney also advocate for parents who think the current orders should not be changed. To review your case with a caring skilled family attorney, please call us at 240-406-4773 or send us an email.
If you need any helps, please feel free to contact us. We will get back to you with 1 business day. Or if in hurry, just call us now.
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