Legal Question in Family Law in Maryland

Re: What are the usual points of law cited in change of custody based on Estrang

The first thing you must show to the court if you wish to get a change of custody is that there is a change of circumstance material to the issue. That could be a change in the behavior of the custodial parent, a move by the custodial parent to a new location, the introduction of a new person into the home where the child is residing, a change in the employment of the custodial parent, or any number of other possible changes. Without a material change of circumstance, the judge will not even consider a change of custody. Then you must show that because of the change of circumstance it is now in the best interest of the child to change custody. The change in the custodial parent's behavior could include bizarre and dangerous acts, or it could include a pattern of conduct, which did not exist when custody was first ordered, which is designed to alienate the child from the visiting parent. The change in location could be a move to a distant state, away from the visiting parent and away from friends, family ties, and a good school. The new person in the home could be a new spouse, a person with some record for antisocial or abusive behavior, or someone who is influencing the child in negative ways. The change in employment could be something like a new job which requires the custodial parent to travel a great deal, leaving the child with sitters for long periods of time. These are only examples, and there are many possible changes of circumstance, and negative results, which might convince a judge to change custody.

Re: What are the usual points of law cited in change of custody based on Estrang

If you plan to file a petition for modification without the aid of a family law attorney, I suggest you just lay out the facts which you believe support your request for a change of custody. Keep in mind that the court will not grant your petition because it thinks the custodial parent did you wrong and should be penalized. The only thing the court considers is what is in the best interests of the child--ie., who is the better custodial parent. Judges are reluctant to change a child's custody unless there is a compelling reason to do so for the benefit of the child.