When Co-Parenting Breaks Down: Modifying Custody Orders in Maryland

Co-parenting can be a challenge, but it can also work when done effectively. Unfortunately, even a previously effective relationship can break down. This might be because of disagreements between the co-parents, or because circumstances unexpectedly changed, and you both need help figuring out what to do next. Modifying custody order can help protect the children and your legal rights when done correctly.

At RPM Law, our Maryland family law attorneys can help you seek modification of the current custody orders.  

Why Co-Parenting Breaks Down

Maryland custody orders are designed to support long-term stability, but life circumstances change. Co-parenting may begin smoothly and later unravel due to:

• Increasing conflict or communication problems
• One parent refusing to follow the schedule
• Relocation or major changes in work hours
• Safety concerns, substance use, or instability
• A child’s evolving needs as they grow older
• New partners or blended family dynamics

If these issues don’t stop, the current orders may not be right for your kids anymore. Parents can request a modification, but only when certain conditions exist.

Maryland’s Legal Standard for Modifying Custody

To modify a custody order in Maryland, a parent must show:

1. A material change in circumstances, and
2. That modifying the order is in the child’s best interests

Both elements must be proven. The change must be significant, ongoing, and directly affecting the child.

What Counts as a Material Change?

Maryland courts look for changes that impact the child’s welfare, such as:

• A parent repeatedly denying visitation
• A substantial decline in communication 
• Refusal to cooperate
• A parent’s new work schedule 
• Evidence of neglect
• Unsafe conditions
• A child struggling academically
• Emotionally struggles under the current arrangement
• Relocation of one parent

Remember that the court will always focus on what is best for the kids, not what is most convenient for the parents. 

When Co-Parenting Breaks Down: Common Scenarios

1. One Parent Stops Following the Order

Often, the problem is the other parent not following the rules. They might:

• Withhold information
• Miss parenting time
• Exchange the child late consistently
• Interfere with your parenting time
• Fail to make child-related payments

2. Communication Becomes Impossible

Co-parents have to cooperate, at least to some level. If you can’t communicate well enough to take care of the kids, the court may have to adjust custody orders.

3. Safety Concerns Arise

Safety concerns may also justify a change, such as:

• Unclean housing
• Abuse or neglect
• Substance use by a parent
• Exposure to unsafe adults

4. The Child’s Needs Change

Children change as they grow. As a parent yourself, this is obvious, but important to remember when thinking about motions to modify. Maryland courts can consider what has changed, and whether it requires a change in the custody orders.

The Process for Modifying Custody in Maryland

Filing a Petition

A parent must file a motion to modify with the court that issued the original order. It should explain what has changed and why the modification is required. 

Mediation and Parenting Classes

You may be required to do parenting classes or attend mediation to help resolve the issues.

Custody Evaluation or Investigations

In high-conflict cases, the court may order:

• A custody evaluation
• A best-interest attorney for the child
• A home study or investigation

These tools help the court understand the family’s dynamics and the child’s needs.

The Court Hearing

At the hearing, each parent presents evidence. The judge evaluates:

• Each parent’s ability to communicate and cooperate
• The child’s relationship with each parent
• Stability of each home environment
• Past compliance with the custody order
• Any safety concerns
• The child’s preferences, depending on age and maturity

The court then issues a modified order tailored to the child’s best interests.

Get Help Modifying a Prior Custody Order in Maryland

If co-parenting has broken down, you can feel frustrated and overwhelmed. With a qualified attorney at your side, you can seek resolution of the issues you face or file a motion to modify to address what’s happening.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.