Modifications and Contempt in Maryland (Plain-English Guide)

If you already have a court order for custody, visitation, or child support, you may assume that the order is permanent. In real life, families change. Schedules change. Needs change. Sometimes, one parent follows the order and the other does not.

In Maryland, there are legal ways to address both situations. You can ask the court to modify an order when circumstances have changed, and you can ask the court to enforce an order through a contempt filing when someone is not following it.

Modifications

A modification is a request to change an existing court order. Modifications are common in Maryland family law because children’s needs and parents’ situations can shift over time.

What types of orders can be modified?

Depending on your situation, you may be able to request a modification of:

·  Child custody (legal custody and/or physical custody)

·  Visitation or parenting time schedules

·  Child support

·  Other family law-related orders, depending on what the court previously ordered

When does the court consider a modification?

In Maryland, the court generally looks for a material change in circumstances since the last order was entered. In plain language, that means something significant has changed, and it affects the child or the fairness of the current order.

Some examples that may support a modification request include:

·  A parent’s work schedule changed in a way that impacts parenting time

·  A parent moved or is planning to move

·  A child’s educational, medical, or developmental needs changed

·  A pattern of missed visitation or ongoing conflict that makes the current schedule unworkable

·  A significant change in income that impacts child support

Even when there has been a change, the court’s focus in custody and visitation matters is still the best interests of the child.

What you should know before filing for a modification

·  A modification is not a “do-over” because you are unhappy with the original outcome

·  The court will want to see what has changed since the last order

·  If the issue is safety-related, you may need to act quickly and get legal advice right away

Contempt

A contempt filing is a request asking the court to address a person’s failure to follow a court order. This often comes up when one parent is not following a custody schedule, not paying child support as ordered, or refusing to comply with other court requirements.

What contempt is (and what it is not)

Contempt is not simply a disagreement. It is typically about a person willfully failing to follow an order they are capable of following.

Examples that may lead to a contempt filing include:

·  A parent repeatedly refusing to follow the parenting time schedule

·  A parent withholding the child outside of what the order allows

·  A parent failing to pay child support as ordered

·  A parent refusing to follow specific terms in the order (for example, exchange locations, communication rules, or required notices)

What the court may do in a contempt case

The court’s response depends on the facts. In Maryland, the court may:

·  Order compliance going forward

·  Set make-up parenting time in appropriate situations

·  Order other remedies that fit the circumstances

·  In some cases, impose sanctions when the failure to follow the order is willful

Contempt cases can move quickly, and they can become high-conflict. It is important to be strategic and focused on the outcome you need.

Modification vs. Contempt: Which one do you need?

Sometimes people file the wrong type of case because they are frustrated, and that can slow things down.

·  If the order is not being followed, you may be looking at contempt.

·  If the order is being followed but no longer works because life has changed, you may be looking at a modification.

·  In some situations, both issues exist at the same time. 

·  If you want to the court to modify the something because of the contempt issue, you should file both for contempt and modification. 

Helpful checklist: What to gather before you speak with an attorney

·  A copy of your current court order (and any prior orders)

·  A timeline of what changed and when

·  Any messages that show scheduling issues or refusal to comply

·  A calendar showing missed visits, late exchanges, or other patterns

·  Proof of payments or nonpayments (if child support is involved)

·  Your proposed solution, including a schedule that is realistic

A note about communication

If you are dealing with a co-parent who is not following the order, it is normal to feel angry or exhausted. Try to keep your communication calm and focused. In many cases, written communication becomes evidence. You want your messages to reflect that you are reasonable, child-focused, and solution-oriented.

Schedule A Consultation Today!

If you need help deciding whether to file for a modification, contempt, or both, we can help you understand your options and your next steps.

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Based on Maryland law. This post is for general informational purposes only and does not constitute legal advice. Every situation is different, and outcomes depend on the specific facts of your case.