Legal Question in Family Law in Maryland
If the custodial parent is constantly leaving the kids with the me, the non-custodial parent, so much so that the kids have no idea where they will be living from one day to one week at a time, can custody be changed? The custodial parent has only had the kids 14 nights out of 47. The non-custodial parents visitation is one week day overnight every other week and alternating weekends or 6 nights a month. How long does this have to go on in order to change custody?
Asked on 8/17/12, 10:17 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
You could file a petition to modify custody at any time. If one parent has the children at least 65% of the time, that is considered sole custody. Anything less than that is considered shared custody and results in a different child support calculation.
Answered on 8/20/12, 11:36 am
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