In divorce proceedings, parties frequently agree to parenting time. Sometimes, however, a judge makes the decision about the division of parenting responsibilities.\u00a0 These decisions, whether made by the parties or the court, are made with the best interests of the children in mind.\u00a0 Of course, the circumstances of each parent are also taken into consideration.\u00a0 As time goes on, the circumstances of the parents may change.\u00a0 When this happens, a modification of the previously agreed to (or ordered) parenting time might be appropriate.<\/p>\n
However, parties can\u2019t\u00a0simply unilaterally decide to modify parenting time.\u00a0 Instead, there are rules and procedures that must be followed.\u00a0 Requests to modify parenting time can be extremely easy, or incredibly challenging, based on various circumstances.\u00a0 These circumstances can include the willingness of the other parent to modify parenting time, the circumstances as they currently exist, the circumstances at the time of the divorce, and other factors.\u00a0 Below are some of the mistakes family law attorneys see most frequently in requests for parenting time modification.<\/p>\n
In Maryland, changing a previously issued parenting time order requires, first, a material change in circumstances.\u00a0 A\u00a0material\u00a0change in circumstances contemplates something significant.\u00a0 Courts have previously declared a child getting older, for example, is\u00a0not\u00a0considered a material change under the law.\u00a0 Courts have also found a custodial parent\u2019s dating, and a child\u2019s interaction with new people, are not considered material changes in circumstances such that a modification of parenting time is warranted.<\/p>\n
Even where a party can show a material change in circumstance, the analysis is not complete.\u00a0 Parties petitioning for a parenting time modification in Maryland must also show that the modification would be in the best interests of the child.\u00a0 This showing is separate and apart from the initial showing of a material change in circumstance.\u00a0 Both factors must exist before courts consider granting a motion to modify a parenting time order.<\/p>\n
Often times, after a couple has been divorced for some period, oversights and omissions in the original divorce decree become apparent.\u00a0 Perhaps this is because the parties originally represented themselves.\u00a0 Alternatively, they may not have considered carefully the advice of counsel.\u00a0 Another explanation is simply that, what seemed to make sense at the time, has become a system that isn\u2019t working, despite good intentions.<\/p>\n
When a parenting time modification request is before the court, this is the time to request what will best meet the needs of your family.\u00a0 From spelling out the arrangements for the Labor Day weekend to detailing the parenting time for the annual family reunion, where parenting time on a given day, or during a specific occasion or event is important to a party, this should be spelled out for the court.\u00a0 The failure to provide precise details for days or events that are important to the parties can lead to disappointment down the road.\u00a0 Don\u2019t let this opportunity pass.<\/p>\n
Regardless of your disagreement with the current arrangement, you should follow it until another order is in place. \u00a0Courts do not look favorably on parents who withhold parenting time. \u00a0In fact, such interference could result in a modification of child custody \u2013 not in your favor.\u00a0 At all times leading up to filing for a change in parenting time, you should make sure to follow the current parenting time order. \u00a0This same rule applies after you file, unless or until the court modifies parenting time. \u00a0Failing to follow a court order conveys, at a minimum, a lack of respect for the court. \u00a0It also demonstrates a willingness to ignore the court.\u00a0 This will not cast you in the best, or most favorable light.<\/p>\n
Maryland caselaw includes cases where the court found the conduct of the custodial parent so egregious, and so contradictory to the children\u2019s best interests, the court modified the order, switching the custodial parent.\u00a0 For example, in one case, the custodial parent allowed her child to refer to her new partner as \u201cdaddy.\u201d\u00a0 This resulted in the child\u2019s father petitioning for a change in custody.\u00a0 The court found the mother\u2019s \u201cimmature and selfish\u201d behavior a basis for modifying parenting time in favor of the father.\u00a0 Similarly, where a custodial parent physically attached the partner of their ex-spouse, the court found this, along with other alarming behavior, formed a basis for a modification in custody.<\/p>\n
An attorney experienced in family law is critical in cases where a party seeks parenting time modification.\u00a0 While the parties may represent themselves, this doesn\u2019t mean doing so is a good idea. \u00a0Courts make parenting time determinations based on court rules, statutes for the state of Maryland, and case law.\u00a0 Courts have\u00a0broad discretion determining whether and how to modify an existing parenting time order.\u00a0 Frequently, parties find they are unable to leave their emotions at the front door of the courthouse.\u00a0 An attorney can provide dispassionate representation of your interests \u2013 and the interests of your children.<\/p>\n
Given all these factors, an experienced advocate on your side better positions you for your parenting modification request.<\/p>\n
If you are seeking a modification to a parenting time order, or if you are wondering if a modification might be appropriate in your case, contact the attorneys at\u00a0Fait & DiLima<\/a>.\u00a0 Our experienced, compassionate attorneys are ready to assist you with your case. \u00a0Call us at\u00a0(301) 251-0100<\/a>\u00a0to set up an appointment today.<\/p>\n","protected":false},"excerpt":{"rendered":" In divorce proceedings, parties frequently agree to parenting time. Sometimes, however, a judge makes the decision about the division of parenting responsibilities.\u00a0 These decisions, whether made by the parties or the court, are made with the best interests of the children in mind.\u00a0 Of course, the circumstances of each parent are also taken into consideration.\u00a0 […]<\/p>\n","protected":false},"author":16,"featured_media":4286,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[18],"tags":[32,36],"class_list":["post-1895","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","tag-child-custody","tag-divorce"],"acf":[],"yoast_head":"\n