Navigating Custody Agreements in Maryland
In any custody dispute or divorce involving minor children, the goal is to negotiate a comprehensive written agreement that resolves all issues related to physical and legal custody until they emancipate. Unfortunately, when your co-parent is not adhering to the terms of your custody agreement, you may need to re-engage a family law attorney to help you address the situation. Here are the most important considerations to take into account when deciding to take further legal action.
Understanding Custody Agreements in Maryland
In Maryland, a custody agreement is a legally binding document that outlines the terms of legal custody, the weekly time-sharing schedule and holiday arrangements, as well as the responsibilities of each parent. These agreements are also referred to as a Parenting Plan and are typically incorporated into a Court Order. These agreements are put in place to ensure the children’s best are met and to provide clear guidelines for both parents.
Steps to Take if Your Coparent Isn't Following the Custody Agreement
1. Document the Violations
Start by meticulously documenting each instance where your coparent violates the custody agreement. Note the dates, times, and nature of the violations. Keep all emails/texts and a calendar and/or log that can later serve as crucial evidence if you need to take legal action. Note that in Maryland you may not record audio of your coparent without his/her permission.
2. Communicate
Try your best address the issues as they arise, but not when the child is present. Sometimes, violations occur due to misunderstandings or logistical issues that can be resolved through communication. Keep these discussions civil and focused on the best interests of your child. If you are unable to have productive conversations in real time, then use email or text when you are calm and can express yourself clearly without being critical or antagonistic. If you need help filtering your messages, you may consider hiring a parenting coach to help improve your communication. Always remember these messages might later be read in court, so be respectful and don’t’ ramble.
3. Refer to the Custody Agreement
Review the custody agreement carefully to ensure that you have a clear understanding of its terms. This will help you reference specific provisions when discussing the matter with your coparent or a legal professional. In the event circumstances have changed now requiring a revision of the Parenting Plan, or if there is a dispute in how you interpret the agreement, most agreements require the parents to attend mediation before filing in court.
4. Consult with a Family Law Attorney
If you are unable to address your issues on your own, consult with a family law attorney. An experienced attorney can provide legal advice tailored to your situation and help you understand your rights and options. They can help prepare you for mediation and provide valuable information as to the pros/cons and costs of the court process so you can make an informed decision before filing anything in court.
5. Consider Mediation
Even if your Parenting Plan does not require mediation before filing in court, this alternative dispute option is an effective way to resolve disputes without going to court. A neutral third party can help facilitate discussions and negotiations between you and your coparent to reach a mutually agreeable solution.
6. File a Motion for Contempt
If your spouse continues to disregard the custody agreement, you may need to file a motion for contempt with the court. This legal action requests the court to enforce the agreement and hold them accountable for violations. Your documentation of the violations will be essential in this process. Contempt requires willful violation of an agreement and may result in limited remedies, including an award of attorney's fees.
7. Request a Modification of the Custody Agreement
If the current custody arrangement is no longer feasible or in the best interest of your child, you might consider requesting a modification of the custody agreement. This involves going back to court and demonstrating that a change is necessary due to substantial and material changes in circumstances.
Remember, the primary goal is to provide a stable and supportive environment for your child. Please contact our office to speak with a dedicated family law attorney. Our group of highly experienced attorneys are ready to help answer your questions and guide you through this process.
