Baltimore, MD Family Court Order Modification Lawyers

Attorneys for Modifications of Child Custody, Child Support, or Other Court Orders in Baltimore and Throughout Maryland

When a divorce decree or another type of family court order is put in place, it is meant to address a family's current situation and provide for their needs going forward. However, things can change as time passes, and court orders may need to be updated to address these changes. A parent may need to relocate for a new job. A child's needs may change as they grow older. A change in a person's income may affect the amount of financial support they pay or receive. Modifications may be made to family court orders to address these changes.

The right steps will need to be followed when modifying a divorce decree or parenting plan. At Silverman Thompson, our attorneys work with clients to modify orders related to child custody, parenting time, child support, spousal support, or other family law matters. We can also help clients determine how to respond to modification requests. We will work to ensure that modifications will protect our clients' interests and meet their families' needs.

The Legal Standard for Child-Related Modifications

To obtain a modification of a family court order, a person will usually need to demonstrate that there has been a significant change in circumstances that has affected their family. When reviewing modification requests, courts will first need to determine if a substantial change in circumstances has occurred, then consider whether the change has impacted a child's best interest and/or make a determination of what will serve the best interests of the children involved in a case. In cases involving modifications of child support or spousal support, a court may review the financial situation of both parties to determine whether the amount of support paid should be adjusted after first determining there has been a substantial change in circumstances.

Child Custody Modifications

A parent may feel a material change in circumstances has occurred as a result of factors such as a change in a parent's work schedule that affects their availability to care for their children, a change in a parent's mental or physical health, a pattern in which a parent has interfered with the other parent's parenting time, or a change to a child's needs or preferences as they grow older.

When reviewing requests to modify the terms of child custody, a court will consider a number of factors to ultimately make a determination as to what is in the minor child's best interest. The court will consider the following factors:

1. Stability in children's daily lives and other foreseeable concerns that may affect children's health and welfare
2. Steps that may be taken to ensure that parents who are willing to protect their children's best interests will have regular, frequent contact with their children
3. How parents will share the rights and responsibilities of raising their children when the parents do not live together
4. The children's relationship with both of their parents, as well as siblings, other family members, or anyone else who plays an important role in the children's lives
5. How to protect children's physical security and emotional well-being while preventing them from being exposed to conflict or domestic violence
6. How to address the developmental needs of children, including their physical safety, emotional well-being, self-esteem, ability to form personal relationships with others, and mental and intellectual development
7. How to address children's day-to-day needs, including food, clothing, shelter, education, culture, religion, social relationships, and physical and mental health
8. Whether parents are willing to place their children's needs above their own needs, prevent children from being exposed to parental conflict, and ensure that children can maintain positive relationships with parents, siblings, other family members, or anyone else who may play an important role in their lives
9. The age of the children
10. How a parent's military deployment may affect their relationship with their children
11. Any previous agreements or court orders related to child custody or other family law matters
12. The role that each parent has played in raising their children, the tasks each parent has performed in the past, and how these roles and tasks may change based on decisions about child custody
13. Where each parent lives and how this may affect their ability to coordinate parenting time and ensure that children can attend school and activities
14. The parents' relationship with each other, including their ability to communicate when discussing child-related issues, their ability to work together as co-parents without causing disruption to children's social lives or education, and the methods that may be used to resolve disputes between parents without the need for court intervention
15. The preferences of the children, if they are at appropriate ages and maturity levels to express their preferences
16. Any other factors that may help the court determine the best ways to provide for children's physical, emotional, and developmental needs

Parental Relocation

The relocation of a parent is one of the most common reasons for modifications of child custody. A parent may plan to move to a new location, but doing so could affect the other parent's ability to see and spend time with their children.

When a parent requests a modification based on a relocation, the court may look at whether the move is being made for reasons such as employment, educational opportunities, or to be closer to extended family members. The impact of the relocation on the other parent will be considered, and the court will take steps to determine whether the relocation will truly serve the children's best interests by examining the 16 factors above.

Child Support Modifications

Child support is calculated based on both parents' incomes, and each parent's amount of parenting time may also play a role in determining the amount that will be paid. When there is a substantial change in circumstances, either parent may seek a modification of child support. Changes may be made to address an increase or decrease in either parent's income, additional child-related expenses that parents will need to pay, tuition, or other changes in children's needs.

Spousal Support Modifications

Whether alimony can be modified after a divorce may depend on the terms of the original order or agreement and the type of alimony that was awarded. As with other types of modifications, changes to spousal support payments may be based on changes to either party's financial circumstances. Issues such as a significant change in income, a serious health issue that affects a person's earning capacity, or a major change in expenses may be reasons for requesting a modification.

Spousal support may be terminated when specific events occur. Alimony will typically automatically terminate after the death of either party or after the remarriage of the recipient. In some cases, spousal support may be terminated if the recipient begins living with a new romantic partner. Even if the couple has not taken steps to get married, their cohabitation can serve as a reason to terminate alimony payments.

Requesting Modifications to Court Orders

A person who wishes to modify a family court order may file a petition with the court where the original order was entered. They will need to provide information about the changes that have occurred that they believe will require a modification, along with details about their proposed modifications. The other party will be able to respond to this request, and a trial may be held where a judge will determine whether modifications should be made.

The evidence presented at a modification hearing may include financial records showing a change in income, documentation related to a parent's relocation or change in employment, or medical records related to the health of parents or children. Our attorneys can help clients file or respond to modification requests, gather evidence supporting their position, and advocate for solutions that will meet their needs.

Contact Our Baltimore Post-Divorce Modification Attorneys

If circumstances in your life have changed, you may need to make adjustments to parenting time schedules, child support payments, or other terms of a divorce or child custody order. At Silverman Thompson, our legal team can provide guidance on the best steps to follow in this situation, and we will provide representation during modification proceedings to help you make the changes that are needed. Contact our Baltimore, MD family law modification lawyers at 410-385-2225 to schedule a consultation.

Our lawyers have helped hundreds of clients address family law issues. We work with people and families across the state of Maryland, including in Baltimore City, Baltimore County, Frederick County, Montgomery County, Howard County, Harford County, Anne Arundel County, and Prince George's County.