When Must a Maryland Court Consider Whether to Modify a Child Custody Order?
Raising a child is not a static situation. Things can and do change as that child grows up. The parents’ situation may also change as well. They may start out married, only to later divorce. When that happens, a Maryland court must step in and determine how to award legal and physical custody of the child.
A judge’s decisions in this area are always guided by the “best interests of the child.” And much like the child, what those best interests are can change over time. Indeed, either parent can ask the court to revisit its previous custody order and make modifications based on a “material change in circumstances” that impacts the child’s interests.
Father’s Kratom Addiction a Factor in Ongoing Custody Modification Dispute
Basically, Maryland courts must follow a two-step process when a parent seeks modification of a child custody order. First, the court must determine if there has in fact been a “material” change in circumstances. If there has, then the judge proceeds to step two, where they essentially re-consider the best interests of the child using the same legal factors that applied to the original custody determination.
A recent decision from the Appellate Court of Maryland, Krewson-Kelly v. Kelly, illustrates the difficult balancing act that judges must perform when considering requests to modify custody. This case involved a father and mother who divorced in 2023 after approximately 10 years of marriage. The couple has one minor child.
The parties reached a custody agreement, which the court approved after determining it was in the child’s best interest. Under the custody agreement, the mother and father had joint legal custody. The mother retained primary physical custody, i.e., the child would live mostly with her, and had tie-breaking authority in case of a deadlock between the parents on a major decision affecting the child. The agreement also enabled the mother to relocate with the child from Maryland to Michigan. The father remained in Maryland.
During the divorce trial, the court heard evidence regarding the father’s addiction to alcohol as well as Kratom, an over-the-counter supplement often used as a non-medical treatment for opioid addiction. A court-appointed psychiatrist advised the judge that the father “would benefit from an assessment with a pain management specialist” who worked with people suffering from Kratom addiction. The judge incorporated that recommendation into the final divorce judgment.
A few months after the trial, the father took the child from Michigan back to Maryland for a post-Christmas visit. That evening, the child called the mother and said the father “won’t wake up” and had “sort of collapsed.” The mother determined the father was continuing to abuse both alcohol and Kratom. She filed a petition to modify the custody order and suspend the father’s in-person visits with the child due to his use of “illicit substances” during the post-Christmas visit.
The trial court determined this was not a material change in circumstances justifying a modification. But the Appellate Court disagreed, concluding the judge “erred by failing to sufficiently consider how the circumstances affected the child in assessing whether there was a material change in circumstances.” In particular, the Appellate Court said the child being forced to confront his passed-out father due to his apparent ongoing addiction issues was itself a change in circumstances that warranted further consideration of the mother’s petition.
Contact a La Plata Child Custody Lawyer Today
There are many reasons why one or both parents may wish to seek a change in an existing child custody arrangement. Our La Plata child custody lawyer can advise you on the legal requirements and represent you in court. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.
Source:
scholar.google.com/scholar_case?case=10338909674537518612
