Child Custody Modification

Prince George’s County Family Law Attorney Helping Parents Protect Their Rights

When people who have a child together decide to end their romantic relationship, they will often turn to the courts to establish their parental rights. When tasked with making custody determinations, the Maryland courts’ primary goal is to develop an arrangement that will be most beneficial to the child. Although the courts take great care in formulating custody orders, circumstances can change, and over time an order that was once appropriate may no longer serve a child’s needs. In such instances, the law permits parties to seek a child custody modification. If you are interested in filing or opposing a request for a child custody modification, it is in your best interest to speak to an attorney as soon as possible. Robin Rucker Gaillard is an assertive Prince George’s County child custody attorney who understands the importance of protecting parental rights, and if you hire her, she will advocate zealously on your behalf.

Ms. Gaillard regularly represents clients in custody disputes and is proficient at navigating complex cases in the Maryland family law courts. Her office is located in Largo, and she regularly assists parties in family law cases in cities throughout Prince George’s County.

Child Custody Determinations in Maryland

In any Maryland child custody case, the court’s foremost concern is what is in the child’s best interest. Factors the courts weigh in assessing what custody arrangement will be best for a child include the mental and physical health and capabilities of both the parents and the child and which party historically acted as the child’s primary caretaker.

The courts will also evaluate whether either party or anyone living in their household has a history of abuse. The courts will assess the means each party has to provide for the child as well, and the ability of the parents to communicate and cooperate with regard to making decisions for the child’s care and upbringing.  

A party’s disability is only considered to the extent that it impact’s the child’s best interest. Gender is not a relevant factor, meaning the courts do not favor fathers or mothers in custody determinations.

In most instances, the courts will find it to be in a child’s best interest to award parents shared custody rights. They may grant joint legal and physical custody, meaning each parent has the right to make important decisions about the child’s upbringing and spend time with the child. Joint custody does not necessarily mean an equal division of parental rights, though, as the courts may issue an order granting one parent greater rights than the other.

Child Custody Modifications

A parent seeking a child custody modification generally must demonstrate that there has been a substantial and material change in circumstances, which renders the prior custody order inappropriate. Situations that may give rise to a modification include a change in the health status of either parent or the child, relocation of either parent, a criminal conviction of a parent or anyone living in their household, or a parent’s refusal to abide by the existing custody order.

If the court finds that the moving party has provided adequate evidence of the changed circumstances, the court will then evaluate whether the proposed change is in the child’s best interest. If the court ultimately determines that a change is necessary and that it would benefit the child, it will most likely modify the existing order.

Talk to a Dedicated Prince George’s County Child Custody Attorney

While the Maryland family law courts aim to set forth fair custody orders, in many cases, situational changes necessitate modifications. If you are subject to a Maryland child custody order and you or your co-parent wish to alter the terms of the order, it is in your best interest to talk to an attorney about your rights. Robin Rucker Gaillard is a dedicated Prince George’s County child custody attorney who possesses the skills and resources needed to help you seek a fair outcome, and if she represents you, she will work tirelessly on your behalf. Ms. Gaillard has an office in Largo, Maryland, and she frequently represents people in custody disputes in cities throughout Prince George’s County. She also aids parties in other family law cases in Montgomery, Anne Arundel, Charles, Calvert, Howard, Frederick, Queen Anne’s, and Baltimore Counties. You can contact her through the online form or at (301) 363-2933 to set up a confidential consultation to discuss your case.