Custody

Is custody modifiable?

Custody and visitation are always modifiable by the Court if there has been a “material change in circumstances” since the last Court Order, and the change “fundamentally affects the best interests of the child.” The Court retains the power to modify custody and...

How is custody determined?

The Court determines custody based on what is in the best interest of the child. This determination depends entirely on the particular facts of each case. The Court will consider many factors when deciding residential custody (where the child should reside): fitness...

Can a third party be granted child custody?

In a dispute between a parent and a non-parent third party, there is a presumption that the best interest of the child is served by awarding custody to the parent. This presumption can only be rebutted if: (1) the parent is unfit; or (2) exceptional circumstances...

Can a parent relocate with a child?

In Maryland, when a parent desires to relocate with a child, the other parent has the right to object to the relocation for any reason (e.g., if the move would interfere with non-relocating parent’s custody rights). When parents cannot agree on whether a child should...

Can a child decide where to live?

Under Maryland law, a minor child who is 16 years old or older may petition the Court, on their own, to change an existing custody order. After a hearing, the Court may modify the existing custody order if the Court finds the modification to be in the child’s best...