Pursuant to §8-103 of the Family Law Article, Maryland Courts are vested with the power to modify any child custody agreement with respect to the “care, custody, education or support of any minor child… if the modification would be in the best interests of the child.” The moving party must first show that there has been a material change in circumstances. The change in circumstance must affect the child and not the parent. An example of a material change could relate to the child’s education, health or welfare. In addition, a change could relate to the parent’s ability to care for the child.
The Taylor Factors that are considered in modifying custody are as follows:
1) Capacity of the parents to communicate and to reach share decisions affecting the child’s welfare
2) Willingness of the parents to share custody
3) Fitness of the parents
4) Relationship established between the child and each parent
5) Preferences of the child
6) Potential disruption of the child’s social and school life
7) Geographic proximity of the parental homes
8) Demands of parental employment
9) Age and the number of the children
10) Sincerity the parents request
11) Financial status of the parents
12) Impact on state or federal assistance
13) Benefit to parents and
14) Other factors
Taylor v. Taylor, 306 Md. 290 (1986)
After considering the Taylor Factors, the court will determine whether to modify the custody order. It is also essential that the moving party show that the change of the custody order is in the child’s best interest. Should you need assistance in a custody matter for an original or modification of custody.
If you need legal assistance in matters relating to modifying custody, The Law Office of Lynndolyn Mitchell is qualified to represent you in matters relating to child custody, child support or an absolute divorce.
