Preparing for a custody proceeding can be overwhelming and scary. Here are several steps to make the process easier.
Once you have filed or been served with a complaint for custody, it is important to begin preparing for your case as soon as possible. There are basic steps that you can take to prepare.
Our factsheet, Filing For and Modifying Child Custody, provides helpful guidance.
Some of the things you’ll want to consider:
- Child custody matters are complex, and it is recommended that you seek the advice of a family law attorney before trying to prepare for your case yourself.
- All family law matters before the court involving children are decided in the best interest of the child(ren).
- When filing an initial petition for custody, you must complete a Civil Domestic Case Information Report along with a Financial Support statement to be filed with the petition.
- The petition for child custody and other subsequent filings must be served on the other parent.
- Service of process can be effectuated in several ways, through certified mail, hand delivery by an adult over the age of 18, a private process server, or the Sheriff. You as a party to the case are not allowed to serve the other parent.
- The other parent has 30 days to file a response to your petition if the other parent resides in Maryland, 60 days if resides outside of Maryland but within the country, and 90 days if resides outside of the country.
- Failure to respond to the petition by the other parent can lead to sanctions by the Court.
- Child custody and visitation orders are never permanent and are subject to modification if there has been a material change in circumstances since the previous order.
Our factsheet, Filing For and Modifying Child Custody, includes links to the forms, where and how to file, details of the process, and other helpful information.
If you are income eligible, you may be able to obtain legal help through MVLS.