By: Amanda Vann, Esq.
Once a court order has been issued addressing residential custody, that order remains in effect and binding upon the parties. If a party wants to make changes to the custody schedule or residential custody, then you must seek modification of the original order from the court.
Can the Custody Agreement Be Changed?
In Maryland, before a judge will change a court order, the party seeking the modification must show that there has been a significant change in circumstance warranting a change to the original order because the original order is no longer in the child’s best interest. Until a new court order is issued, both parties are bound by the current court order. Failing to comply with the current court order could result in you being held in contempt.
Reaching an Agreement Outside of Court
If your child no longer wants to live with you and you and the other party are in agreement about the change in your child’s residential custody and subsequent new visitation and access schedule, then you should discuss reaching an amicable agreement, outside of court, that sets forth the new living and visitation arrangements between the two of you. Once reached, the agreement then needs to be filed with the court and accepted by the judge and a new order may be issued.
If the two of you are not in agreement or unable to amicably work out a new arrangement setting forth the child’s new residential living and a visitation schedule, then you must seek modification of the original order from the court.
Contact Us for Help with Custody Orders in Maryland
We know how complex and sensitive matters involving divorce and children can be, and we want to make sure your children’s best interests are well taken care of as they begin a new way of life. nIf you have questions regarding modifying your current custody order, please contact me at 301-563-6685 or [email protected].
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