Can a Custody Order Be Changed?

A child custody order can be changed if there has been a material change in circumstances since the last order was entered and a modification would be in the best interests of the child. Importantly, neither parent may simply decide not to follow the existing order. The parents must either consent to a modification or a judge can determine whether one is appropriate. If both parents agree upon the changes, they must still submit their agreement to the court to be signed by the judge if they want it to become a binding order.

How is Child Custody Determined?

Child custody in Maryland and Washington D.C. is determined based on the “best interests of the child.” There is no automatic preference based on gender or any other status. Rather, a judge would consider a variety of factors when deciding a child custody arrangement, including parental fitness, each parent’s ability to cooperate with the other, and the stability of the environment. Other factors evaluated by the court can include safety concerns, the child’s relationship with each parent, and the child’s preferences if they are of sufficient age and maturity.

What is Sole Custody?

Sole custody can come in two parts. Like joint custody, it can refer to legal or physical custody. Sole legal custody gives one parent the authority to make all important decisions for the child. Sole physical custody is when the child has only one primary residence, and one parent is primarily responsible for caring for their daily needs. In most situations where a parent is given sole custody, the other has visitation rights (which often include overnights) unless it is determined not in the best interests of the child to do so.

What is Joint Custody?

Courts often favor joint custody arrangements whenever possible to ensure both parents are actively involved in the child’s life — and the child is able to have a meaningful relationship with each parent. Parents can have joint legal custody, which means they both have the authority to make important decisions about the child’s education, healthcare, and welfare. Physical custody may also be shared between the parents, which allows both parents to each share a significant amount of time with the child.

What is Child Custody?

Child custody falls into two categories: legal custody and physical custody.

Legal custody pertains to a parent’s decision-making authority regarding a child's health, education, and religious upbringing. Legal custody can be sole or joint. Physical custody, also called residential custody, is about where the child lives and a schedule of access for spending overnights with each parent. Residential custody can be shared or sole.