Getting ready for a custody case can be really stressful and frightening. Here are some simple steps to help make the process easier.
File a Complaint
To file an original custody matter, you will file a Complaint for Custody Form, CC-DR-004 (mdcourts.gov). The following forms must accompany it or your claim may be rejected by the court.
- Civil Domestic Case Information Report CC-DCM-001 (mdcourts.gov)
- Certificate of Service CC-DR-058 (mdcourts.gov)
- Financial Support Form (Child Support Guidelines) CC-DR-030 (mdcourts.gov) or CC-DR-031 (mdcourts.gov) depending on your income
- A Notice Regarding Restricted Information MDJ-008 (mdcourts.gov) to protect your privacy and to ensure the proceedings are sealed and inaccessible to the public
- Financial Support Form Worksheet A (Child Support Obligations) CC-DR-034 (mdcourts.gov) or Financial Support Form Worksheet B (Child Support Obligations) CC-DR-035 (mdcourts.gov) depending on the type of custody sought
Where to File
A custody matter must be filed in the Maryland Circuit Court that has jurisdiction over the matter. This usually refers to where the child lives or where you or the other parent lives.
For all Maryland jurisdictions, you can file online by going to https://maryland.tylertech.cloud/OfsWeb and registering for a Self-Represented (Pro Se) Account. There is a filing fee of $165, which can be waived if you meet the income requirements. See Filing Fee Waivers (mdcourts.gov).
Service of Process
When filing your child custody petition, the other parent must be served all documents listed above. You cannot personally serve these documents. But another adult can, if over the age of 18 and not involved in the case. You must provide the court with proof of service. The following are some options:
- Have the adult send the documents to the other parent by Certified Mail with Restricted Delivery and Return Receipt Requested. If this method is successful, return the following documents to the court:
- Affidavit of Service (Certified Mail Restricted Delivery – Receipt Requested) CC-DR-056 (mdcourts.gov) completed by the person who mailed the documents
- Return Receipt green card
- Have the adult serve the documents in person to the other parent or to another adult who lives at the same address. You can also hire a private process server to do this, but it can be expensive. If successful, have the adult server or process server complete an Affidavit of Service, CC-DR-055 (mdcourts.gov), and return it to the court.
- Have the sheriff serve the documents in person to the other parent. There is a fee for this service, but there is nothing else you need to do after the documents are served. See Service of Process (mdcourts.gov).
File an Answer
If you are served with a Complaint for Custody by your child’s other parent, you have 30 days to respond if you live in Maryland, 60 days if you live outside of Maryland and 90 days if you live outside the country. If you fail to respond to the complaint within the required period, the other parent may file an Order for Default and the court could rule for the other parent without a hearing.
To respond, you should file an Answer to Petition for Custody Form CC-DR-050 (mdcourts.gov). If you want to propose a substantially different custody arrangement, you may also file a Counter Complaint for Custody Form CC-DR-095.pdf (mdcourts.gov). You will need to provide the same additional forms listed under filing a custody matter with your answer.
You can request that the proceedings be sealed from the public by filing MDJ-008 (mdcourts.gov) with your answer.
Modifying an Existing Child Custody Order
To modify an existing Child Custody Order, follow the same procedures as above. There must be a material change in circumstance since the prior ruling, including the following:
- Has either parent’s income significantly changed?
- Has a party become unemployed, incarcerated or disabled and is now unable to care for the child?
- Has one or both parties relocated affecting the original custody order?
- Has the child’s living arrangement changed?
- Has the child’s environment changed so that their well-being or stability is at risk of harm?
- Where did the existing order originate?
In Maryland, either parent can file a motion to modify the order at any time. If a parent desires to modify an out-of-state custody order, it is important to contact an attorney or seek help from a Family Law Self Help Clinic, as the process can be complicated.
To view additional court forms pertaining to child support, custody and visitation, and instructions for completing the forms, visit Family Law Court Forms (mdcourts.gov). For additional information on child custody, see Child Custody in Maryland (peoples-law.org) or How to File a Case (peoples-law.org).
Nancy Grimm, Esq., is a family law attorney with Maryland Volunteer Lawyers Service.