Modification of Child Custody in Maryland

Whenever there is a situation in which the court has entered an order that established child custody, this order is subject to modification upon a showing that there has been an unforeseeable substantial change in circumstances of the parents since the original order or agreement began. In order to determine if there should be a modification in the child custody order a best interest analysis is done. The best interest analysis that is used in Maryland is a discretionary test that looks at a variety of factors.

These factors include:

• The mental and physical fitness of the parents
• The character and reputation of the parent when there is a nexus between the individuals conduct and their parenting ability
• The preferences of the parents
• The potential for maintaining natural family relations and facilitate a relationship with the other parent
• The Preference of the child
• A child has the ability to petition for a change in custody once they are 16 years of age
• The age and health of the child 
• Prior voluntary abandonment or surrender of parental rights
• Abuse of either the child or the other parent

In order for a modification of child custody to occur it must be proven that there was a substantial change circumstances that was unforeseeable at the time the parties either entered a custody agreement or the original court order was entered into and that it is in the best interest of the child for the current child custody arrangement to be modified.