What Maryland’s New Child Custody Legislation Means For Your Case

Several significant changes have recently been made to Maryland’s child custody law. Effective October 1, 2025, with the enactment of House Bill 1191, courts are now authorized to consider 16 codified factors when determining custody matters. Not only does the law bring greater predictability to custody determinations, but it also requires that judges document the reasoning for their decisions. The new child custody factors apply to both initial custody decisions and custody modifications.

What are the New Child Custody Factors?

Prior to the passage of House Bill 1191, the factors a court would evaluate when determining child custody matters were set forth under Maryland case law, rather than by statute. Now, judges in Maryland are provided with 16 structured factors to consider when determining physical and legal child custody. Judges are also required to articulate their reasoning for the decisions they reached.

Although some of the new child custody factors were already established under case law, the statute provides a clear framework to ensure the best interests of the child are prioritized when the court is creating a parenting plan. The new law emphasizes the child’s developmental needs, their relationship with each parent, parental cooperation, and the child’s preferences (if they are old enough).

Specifically, the new child custody factors that a court must consider before rendering a custody determination are as follows:

1. The stability and the foreseeable health and welfare of the child;
2. Frequent, regular, and continuing contact with parents who can act in the best interests of the child;
3. Whether and how parents who do not live together will share parental rights and responsibilities;
4. The child’s relationship with each parent, their siblings, and others who are 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 their physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
7. The child’s day-to-day needs, including education, socialization, food, shelter, culture, religion, clothing, and mental and physical health;
8. How to place the child’s needs above those of the parents, including protecting the child from parental conflict and maintaining the child’s relationships with relatives;
9. The child’s age;
10. Military deployment of either parent and its effect on the parent-child relationship;
11. Any previous court orders;
12. Each parent’s role and tasks related to the child;
13. The location of each parent’s home and how it relates to their ability to coordinate parenting time, school, and the child’s activities;
14. The parents’ relationship with each other, including their ability to co-parent and how they will resolve any disputes in the future;
15. The child’s preferences, if age appropriate;
16. Any other factor the court considers appropriate to determine how best to serve the physical, developmental, and emotional needs of the child.

While the new child custody factors are meant to ensure greater uniformity in how custody decisions are made, parents do not need to leave these decisions up to a judge to determine. In fact, since parents know their children best, judges encourage parents to resolve custody matters between themselves rather than leaving that decision to interpretation by the courts. Accordingly, the mediation process can be a useful tool to help parents find creative solutions when it comes to creating a parenting plan that works for the whole family. In contrast with litigation, mediation can allow parents to resolve custody disputes amicably, efficiently, and cost-effectively.

What are the Standards for Modifying Custody Arrangements?

The new statute does not only address initial custody determinations; it also applies to modifications to existing custody orders. The new statute establishes that a court may modify a custody arrangement if a judge determines that there has been a material change in circumstances since the last custody order was issued, and a modification is in the child’s best interests. What issues constitute a material changes in circumstances is often what fuels custody litigation; however, the law provides some direction in one particular situation and specifically states that a parent’s relocation would automatically constitute a material change in circumstances if it would cause physical custody with the other parent to be disrupted.

What Protections are Offered for Abuse or Neglect?

The new child custody law also strengthens the legal protections against abuse and neglect of children that have long been in place in Maryland. It specifies that if a judge has reasonable grounds to believe a child has been abused or neglected by either parent, they must determine whether this harm is likely to occur if visitation rights are granted to the parent. Unless a judge finds that there is no likelihood of any further child abuse or neglect, they are required to deny custody or visitation rights to that party. However, even if a court finds abuse or neglect to have occurred, the court may still approve a supervised visitation arrangement that ensures the child’s safety and well-being.

Contact an Experienced Maryland Family Law Attorney

If you have questions about the new child custody factors in Maryland, and how they apply to your case, it’s best to consult with a knowledgeable family law attorney. At Strickler, Platnik & Hatfield, we are dedicated to helping our clients navigate child custody matters and work closely with them to ensure the best interests of their children are met. To learn more about how we can help, contact Strickler, Platnick & Hatfield to schedule a consultation.