Legal Question in Family Law in Maryland
Changing custody agreement
I would like to know legally what I can do to change or file a change in custody agreement I have with my ex-husband. We have a 6 year old son whom I do not have custody of. Yet, we are extremely close. I only get to see him on some holidays and then for a month and a half or so in the summer. I want more rights to my son. With his dad's work hours, he works nights. I, on the other hand, work at home with a very flexible schedule and am able to supervise him at all times. I believe, overall, that my living situation is much better here in Alabama. He has a little brother here, my husband is an engineer with an excellent job, we attend church, and are just very stable. It is extremely sad and difficult for us all to have to say goodbye to our son, not knowing when we will be able to see him again, because my ex will decide if I get Christmas with him or not, depending on his mood at the time. I think it is time that I do something about this. Could someone please help me?
2 Answers from Attorneys
Re: Changing custody agreement
You can file a petition to change custody in the court where the current custody order is filed. You would allege in your papers that it would be in your child's best interest to reside with you than with his father. Perhaps you can cite how things have changed since the initial custody order took effect, such as the father's work schedule.
You will want to be able to demonstrate what a good home, school and living environment you can offer your son, backed up by letters/statements from friends, school officials, clergy, etc.
Most importantly, you need to retain an experienced family attorney who knows how to handle this kind of case. If the father contests change of custody, as he surely will, it will not be inexpensive.
If I can be further assistance, please let me know.
Robert J. Sher
301 986-4555
Re: Changing custody agreement
Your situation is not uncommon. Your question, however, is not clear.
Has a judge granted custody or is it that you and your ex-husband merely have an agreement that has never been filed?
The course of action differs drastically based upon your answer to this question.
If a judge has granted custody then I kindly refer you to other answers that I have provided to this same question on Lawguru. In summary, those answers say that you
must first prove a material change in circumstance and then show that it is in the best interest of the child that custody be changed as you are requesting. Presenting your factual evidence at trial is a complicated matter and an attorney is best suited to assist you with this task.
If, however, you simply have an agreement that has not been enrolled (that is decided upon by a judge and filed within a Circuit Court of Maryland) then there are a multitude of options. An attorney will need to see the agreement.
The first thing that applies to your situation is deciding where jurisdiction lies. Maryland courts have jurisdiction if a judge has decided the matter of custody. If you merely have an agreement that has not been enrolled then jurisdiction is another thing that you need to speak to an attorney about since this is a strategic and tactical decision.
Hope this helps.
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