Unlike in other jurisdictions, there is no presumption of joint or shared custody in Maryland. Instead, the Court is required to apply the “best interest of a child” standard to determine what legal custody arrangement, physical or residential custody arrangement, and access or visitation schedule is in the best interest of the parties’ minor child or children. A Maryland child custody lawyer can help parents understand how courts apply this standard in custody cases.
The Best Interest of the Child Standard in Maryland
The courts have historically considered various factors to determine the custody outcome in the best interest of a minor child. Until recently, these factors were identified by appellate cases. Before October 1, 2025, there was no statute listing all the factors for courts to consider in determining which legal and physical custody arrangement was in the best interests of a child.
New Statutory Custody Factors Effective October 1, 2025
This all changed on October 1, 2025. As of that date, a new statute came into existence – under the Maryland Family Law Article, section 9-201. This new statute sets forth 16 factors the courts must consider when making custody decisions. These factors are specifically:
(1) stability and the foreseeable health and welfare of the child;
(2) frequent, regular, and continuing contact with parents who can act in the child’s best interest;
(3) whether and how parents who do not live together will share the rights and responsibilities of raising the child;
(4) the child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
(5) the child’s physical and emotional security and protection from exposure to conflict and violence;
(6) the child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
(7) the day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
(8) how to:
(i) place the child’s needs above the parents’ needs;
(ii) protect the child from the negative effects of any conflict between the parents; and
(iii) maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;
(9) the age of the child;
(10) any military deployment of a parent and its effect, if any, on the parent-child relationship;
(11) any prior court orders or agreements;
(12) each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;
(13) the location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;
(14) the parents’ relationship with each other, including:
(i) how they communicate with each other;
(ii) whether they can co-parent without disrupting the child’s social and school life; and
(iii) how the parents will resolve any disputes in the future without the need for court intervention;
(15) the child’s preference, if age-appropriate; and
(16) any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.
Required Court Findings Under the New Law
The law further requires that the courts articulate findings of fact on the record or in a written opinion, including the consideration of each factor and any other factors that the court considered.
Modifications of Child Custody and Visitation Orders
On October 1, 2025, Maryland also adopted a statute that addresses modifications of existing child custody or visitation orders – § 9-202 – which provides that courts may modify existing orders if the court determines that there has been a material change in circumstances since the issuance of that order that relates to the needs of the child or the ability of the parents to meet the child’s needs, and that the modification is in the best interest of the child.
Material Change in Circumstances and Ongoing Interpretation
This is not a change from the existing law, but rather, there now exists a statute that expressly provides for modification relief upon a showing of a material change in circumstances. While the law still does not expressly define what facts constitute a material change in circumstances, the statute identifies an example of a material change as a parent’s proposal to relocate the residence of the parent or the child in a way that would cause physical custody to be impracticable constitutes a material change in circumstances.
Notably though, the law does not define “impracticable”. Thus, there are still many ways that a court may interpret various facts and scenarios when addressing custody, whether in an initial custody determination or in a modification proceeding. Consulting with a Maryland custody lawyer can help parents navigate these uncertainties.