However, a parent must bear in mind that it is the relocation company`s responsibility to demonstrate the need for a change of custody. As in McMahon v. Piazze, “If it is presented with an application for amendment and not an initial provision of custody, the courts use a two-step analysis. First, the district court must check whether the circumstances have changed “substantially.” As the Court of Appeal stated, “a change in circumstances is “essential” only if it harms the welfare of the child.” McMahon at 594, quoting McCready v. McCready, 232 Md. 476, 482, 593 A.2d 1128 (1991). See also Sullivan/Auslaender, 12 m. App. 1, 5, 276, A.2d 698 (1971) (on the grounds that the change in the conditions on which it is based must affect the welfare of the child and not the parent) (referring to cancer v Krebs, 255 Md. 264, 257 A.2d 428 (1969). If the Tribunal finds that the circumstances have changed significantly, they consider the best interests of the child (as described above) “as if the procedure were a procedure for original custody”. See McMahon v. Piazze.
Regardless of the agreement you have reached, the courts will try to determine the “best interests” of the child. You are looking at several factors. No factor is the most important. This is a list of some, but not all of the factors that will be taken into account by the courts. Parents often worry about other parents` educational abilities, want extra time with their child, or even have concerns about their child`s behaviour and academic performance, but is that enough to change custody? The answer is, “It depends.” Thus, in McMahon v. Piazze, the Tribunal rejected. a change of custody if he found that the only changes were the life, age and maturity of the minor child. However, changes such as the relocation of a parent, the tie of a child in note damage or other identifiable injury may reach the level of a change in circumstances justifying a change in custody of the children. In addition, when considering whether an application for an amendment to child care should be made, it is important to ensure that the judge cannot retroactively change an increase in family allowances before an application for an amendment is made.