- 1). Determine that Maryland is the correct state in which to petition the court for a custody change. Both you and the children must live in Maryland for the last six months for Maryland to have jurisdiction in your case. If you have a previous open case in Maryland, file the petition for a transfer of custody in the same county as that case. If you have another open case in a different state you may need to petition that court to transfer jurisdiction to Maryland.
- 2). Obtain the "Civil-Domestic Case Information" and "Petition to Modify Custody" forms from your county courthouse or the courthouse website. Maryland courts recommend you fill out the forms completely and honestly. Be specific about change of circumstance and the potential harm for your child to maintain the current custody order. A substantial change of circumstances could include a significant geographical move or a parent's dangerous change in lifestyle such as drug addiction or imprisonment.
- 3). File the papers with your county domestic relations court and pay the filing fee. Maryland law allows some indigent petitioners to be exempt from paying the filing fee. To qualify, file a "Request for Waiver of Prepayment of the Filing Fee." The court will send you two copies of the "Writ of Summons" that states the date of your hearing. You must have a sheriff or an adult serve the other parent with this paperwork, serve him through certified mail or hire a process server to serve him. You cannot serve the other parent yourself.
- 4). Attend your hearing. Present the judge with well-prepared evidence that there has been a significant change of circumstances or that the child is in danger. Maryland family law states a true change from the last set of custody orders must be present in order for a judge to transfer custody.
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