DIRECTIONS FOR MODIFICATION OF CUSTODY/VISITATION: MONTGOMERY COUNTY

You must pick up the child support guidelines worksheet from the clerks in Domestic Relations. These should be completed before your case comes to court. If you already have a child support order through Child Support Enforcement (4th floor), you may also need to file a Petition for Modification of Child Support.

Step 1: Complete the following forms:
Civil - Domestic Case Information (DCI) Report-Get From Clerk's Office
Petition for Modification of Custody/Visitation
Financial Statement
[If you are requesting a Waiver of Prepayment of Fees:
Complete: Motion for Waiver of Prepayment of Fees
Financial Statement
Make 2 copies of each.
File at the Civil Desk. In five days you can call the clerk to see if your motion
for Waiver of Fees has been granted.]

Step 2: Make 2 copies of DCI Report, Petition for Modification of Custody/Visitation, Financial Statement.

Step 3: FILE the original of the above forms at the Civil Desk on the first floor.
(DCI Report, Petition, Financial Statement)

A FILING FEE AND A MASTER'S FEE ARE REQUIRED AT THIS TIME.

If your motion for waiver of fees was granted, you must file that
granted motion along with the DCI Report, Petition, and Financial Statement
at this time in order to avoid paying the fees.

If you plan to serve the other party out of state, ask the clerk for a summons for 60 days.
If you plan to serve the other party out of the country, ask the clerk for a 90 day summons.

Step 4: The court will issue a Writ of Summons which will be sent to your home in 5 - 10 days.
You should receive 3 copies of this form; if you do not, then make 3 copies.
[One copy is for your records; one copy must be returned to the court after service (below);
and the original copy must be served on the other party (below).]

Step 5: SERVICE: It is very important that you do service correctly.
If you do not, then the court may dismiss your case. Go to Service of Process Section and
follow instructions exactly.


Step 6: ANSWERING: The other party has time to answer as stated on the summons. If they do not answer in the correct amount of time, you may come back to ask for the Request for Order of Default form. You must have done service correctly before this Order will be granted.

Step 7: When you come to court you should have:
Completed Child Support Guidelines Worksheet
A copy of any previous child support order
Your last 3 pay stubs
Your last 2 tax returns
Any witnesses that you think may help the court to see why this change is best for your child(ren).

Source: Maryland Legal Assistance Network (MLAN)

Last Legal Review 03/14/02 (MLAN/AC)

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