When parents separate or divorce in Maryland, few issues are more emotionally charged or legally significant than child custody. Many clients come to us uncertain about what a judge will actually look at when deciding where their child will live and how decisions about their child will be made.
As of October 1, 2025, Maryland now has a codified statutory list of factors that courts must consider in every custody case, thanks to House Bill 1191 (now Family Law Section 9-201). This is the most significant change to Maryland custody law in decades — and it applies to both new custody cases and requests to modify existing orders.
For the first time, Maryland law now codifies 16 specific factors courts must consider when determining child custody. Judges must also explain their reasoning on the record for each factor. This makes custody decisions more transparent and predictable for families.
The Overriding Standard: Best Interests of the Child
Everything in Maryland custody law flows from one central principle: the best interests of the child. No presumption exists in favor of either parent, and there is no automatic preference for joint custody or sole custody. The court evaluates each family's unique circumstances and applies the factors below to determine what arrangement best serves the child.
Under HB 1191, judges are now required to articulate findings of fact on the record for every factor they consider. This transparency is a major improvement for families — parents and their attorneys can now know precisely what evidence to present and what the judge will be evaluating.
The 16 Statutory Factors Maryland Courts Must Consider
Here are all 16 factors now codified under Family Law § 9-201, effective October 1, 2025:
The overall stability and foreseeable health and welfare of the child
Frequent, regular, and continuing contact with parents who can act in the child's best interest
Whether and how parents who don't live together will share the rights and responsibilities of raising the child
The child's relationship with each parent, siblings, other relatives, and individuals important in the child's life
The child's physical and emotional security and protection from exposure to conflict and violence
Physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth
Education, socialization, culture, religion, food, shelter, clothing, and mental and physical health
Each parent's ability to provide for the child's needs and to prioritize the child's welfare above their own
Each parent's ability to provide for the child's material needs, including financial stability
Each parent's employment demands and how those affect their ability to care for the child
The geographic proximity of the parents' homes and the practicality of any shared arrangement
Any prior agreements between the parents regarding custody or the child's upbringing
The desirability of keeping siblings together
Each parent's willingness to support the child's relationship with the other parent
The child's preference, if age-appropriate (typically considered more heavily for children 12 and older)
Any other factor the court considers appropriate to determine how best to serve the child's needs
What Weighs Most Heavily
While no single factor is technically decisive, certain factors tend to carry significant weight in most cases:
- Evidence of abuse or domestic violence can override the balancing test entirely. If one parent has been abusive, the court will address safety before any other factor.
- Parental cooperation and communication is critical, especially for joint custody requests. Courts strongly favor parents who can set aside personal differences and focus on the child.
- The primary caregiver history — who has been handling day-to-day care, school pickup, medical appointments, and homework — is often one of the most telling factors in practice.
- Stability and continuity — Maryland courts generally try to minimize disruption to a child's routine, schooling, and community ties. A parent seeking to relocate faces particular scrutiny.
What About Relocation?
The new law specifically addresses relocation. A parent who proposes to move their residence in a way that would make the existing physical custody arrangement impracticable is now considered a material change in circumstances by statute — meaning it automatically triggers a right to seek a custody modification hearing. If you are thinking about relocating, or if your co-parent has announced plans to move, speak with an attorney before taking any action.
Legal Custody vs. Physical Custody
Legal custody refers to the right and responsibility to make major decisions about a child's life — medical care, education, religious upbringing. Legal custody can be sole (one parent decides) or joint (both parents must agree).
Physical custody refers to where the child lives on a day-to-day basis. Physical custody can also be sole (child lives primarily with one parent, with visitation to the other) or shared (child splits time more evenly between both homes).
Maryland courts can award any combination of these, and the two types of custody are evaluated independently.
Can My Child Choose Which Parent to Live With?
A child's preference is now one of the 16 statutory factors the court must consider — but it is not controlling. Maryland courts give more weight to a child's preference as the child gets older and more mature, typically beginning around age 12. However, even a teenager's preference can be overridden if the court determines that the requested arrangement is not in the child's best interests. The child does not get to simply choose.
Modifying an Existing Custody Order
To modify an existing custody order in Maryland, you must show (1) a material change in circumstances since the original order, and (2) that modification is in the best interests of the child. The new statute confirms this standard and adds that a parent's proposed relocation is a per se material change in circumstances. Simply being unhappy with the current arrangement is not enough — you must show that something significant has changed.
Facing a Custody Dispute in Maryland?
Whether you are going through a divorce, seeking to modify an existing order, or responding to a custody petition, The Cohen Law Firm is here to help. We represent parents throughout Baltimore City, Baltimore County, and all Maryland courts.
📞 Call 410-332-0414This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Contact The Cohen Law Firm at 410-332-0414 for advice specific to your situation.
Adam Sean Cohen, Esq.
Adam Sean Cohen has practiced family law throughout Maryland for over 30 years, representing parents in custody, divorce, and support matters. He is a Super Lawyers honoree with an AVVO rating of 10.0. Learn more →