Legal Question in Family Law in Maryland

Re: Significant Changes or Material Change

Maryland law requires a "material change of circumstance." A judge will evaluate this upon the prior order pertaining to the child(ren.)

Any legal action that you take will need to be established within the many factors that are recognized by the courts with custody decisions.

I am available should you want to discuss your legal needs.

Re: Significant Changes

A basis for a petition to the court for a change of custody must be a "material change of circumstance" which has some impact on the child. Once you have established that there is such a change of circumstance, which could be a new stepmother whose relationship with the child is a problem, the judge will consider all of the evidence presented by both sides to determine what is in the best interest of the child. If the child is unhappy with the stepmother, that could be a basis for a change in custody, but not necessarily. The judge would consider all of the details, including the amount of time the child and the stepmother have had to adjust to each other, and whether the problem is one of hostility, neglect or abuse by the stepmother or bratty behavior by an undisciplined child. The judge can also consider all of the other factors which might be involved in an initial custody decision, which would include the parenting practices of the non-custodial parent (you), the effect of a change of home, neighborhood, school etc., and any evidence that either parent has engaged in attempts to destroy the relationship of the child with the other parent (or the step-parent). In short, the material change of circumstance gets your foot in the door of the court, and then the judge's opinion of what is best for the child will prevail.

Re: Significant Changes

Yes, a new baby and a strained relationship with the step-mother may qualify as material changes in circumstances. Ultimately the court must decide what is in the best interest of your daughter. Once your daughter turns 16, she can petition the court on her own, stating where she prefers to live.