Child Custody in Maryland (2026)

The 2025 Legislative Overhaul: HB 1191

Maryland custody law underwent its most significant transformation in decades when House Bill 1191 took effect on October 1, 2025. This legislation codified 16 statutory best interest factors under Family Law Section 9-201, replacing a framework that had relied entirely on case law — primarily the 1975 Maryland Court of Appeals decision in Montgomery County Department of Social Services v. Sanders — for half a century.

The impact of this change is substantial. Before HB 1191, Maryland was one of the last states without a statutory list of best interest factors, which gave judges broad but unpredictable discretion. Now, courts must articulate their consideration of each statutory factor in their decision, creating a more transparent and consistent framework for custody determinations.

Understanding this legislative shift is critical for anyone navigating custody in Maryland today, because the new statutory factors now govern every custody case filed in the state.

The 16 Statutory Best Interest Factors

Under the new Family Law Section 9-201, Maryland courts evaluate 16 factors. These include:

• The child’s stability and safety
• The child’s developmental needs
• The child’s relationships with each parent
• Each parent’s capacity and willingness to co-parent
• Each parent’s fitness and character
• The desire of each parent for custody and the sincerity of that desire
• The potential for maintaining natural family relations
• The preference of the child, when the child is of sufficient age and capacity to form a rational judgment
• Material opportunities affecting the child’s future
• The age, health, and gender of the child
• The suitability of the residences of the parents
• Whether the non-custodial parent will have reasonable access to the child
• The length of the separation of the parents from the child
• Whether there has been a prior voluntary abandonment or surrender of custody
• Any evidence of domestic violence
• Military deployment considerations

The prior case law factors from Montgomery County v. Sanders are largely incorporated into the new statute, but the codification adds new considerations (such as military deployment) and requires courts to address each factor on the record.

For more on how courts approach these decisions nationally, see our guide on how child custody is determined.

Types of Custody in Maryland

Maryland recognizes four custody arrangements:

• Joint Legal Custody — Both parents share the authority to make major decisions regarding the child’s education, health care, religious upbringing, and general welfare. This is a common arrangement when parents demonstrate the ability to cooperate.
• Sole Legal Custody — One parent has the exclusive right to make major decisions for the child.
• Joint Physical Custody — The child resides with both parents for significant periods under a defined schedule. This does not necessarily require an equal time split.
• Sole Physical Custody — The child lives primarily with one parent, and the other parent has visitation rights.

Maryland courts can award any combination of these arrangements. For a broader explanation of custody types, see our guide on child custody laws explained.

Custody Presumptions

Maryland does not have a statutory presumption in favor of joint custody or sole custody. The court evaluates each case based on the best interest factors without a predetermined preference for any particular arrangement. While Maryland courts frequently award joint legal custody when parents can cooperate, this outcome reflects the factual analysis rather than a legal presumption. The court has full discretion to order whatever arrangement it determines best serves the child.

Child’s Preference

Maryland does not set a specific age at which a child may express a custody preference. The new statutory factors allow the court to consider the child’s preference when the child is “of sufficient age and capacity to form a rational judgment.” In practice, courts give increasing weight to a child’s expressed wishes as the child matures, but the preference is always weighed alongside all other best interest factors. The court may interview the child in chambers or receive the child’s views through a best interest attorney or custody evaluator.

Best Interest Attorneys

Under Md. Code, Family Law Section 9-109, the court may appoint a best interest attorney to represent the child’s interests in contested custody cases. The best interest attorney conducts an independent investigation, interviews both parents and the child, and advocates for the arrangement the attorney believes best serves the child’s interests. This role is distinct from an attorney representing one of the parents — the best interest attorney’s client is, in effect, the child.

Maryland courts also frequently rely on custody evaluations conducted by court-appointed or privately retained evaluators who interview family members, observe parent-child interactions, review records, and provide detailed reports with recommendations.

The Transition from Case Law to Statutory Factors

The shift from a case law framework to statutory factors under HB 1191 has practical implications that parents and attorneys should understand. Under the prior system, courts had enormous flexibility in how they weighed the Sanders factors, and it could be difficult to predict outcomes or build effective appeals. Under the new statutory framework, courts must affirmatively address each of the 16 factors in their decisions, which creates a clearer record for appeal and a more predictable framework for settlement negotiations.

This does not mean outcomes are now formulaic — custody decisions remain inherently fact-specific. But the codification reduces the range of variation between judges and jurisdictions, and it gives parents a more concrete understanding of what the court will be evaluating.

Relocation Rules

Maryland does not have a comprehensive relocation statute. When a custodial parent seeks to move with the child, the analysis is governed by case law, particularly Braun v. Headley (2009). The court considers:

• The nature, quality, extent, and duration of the child’s relationship with each parent
• The reasons for the proposed move
• The extent to which the move will improve the quality of life for the parent and the child
• Whether a reasonable access schedule can be fashioned to preserve the child’s relationship with the non-moving parent
• The child’s preference, if the child is of suitable age and maturity

The relocating parent typically must demonstrate that the move is being made in good faith and will benefit both the parent and the child.

Mediation

Maryland does not have a statewide mandatory mediation requirement for custody cases. However, many Maryland circuit courts offer mediation services, and judges may order mediation in contested cases. The Maryland courts have encouraged the use of alternative dispute resolution as a way to reduce the adversarial nature of custody proceedings and help parents reach agreements that serve their children’s interests.

Modification of Custody Orders

To modify an existing custody order in Maryland, the parent seeking the change must demonstrate a material change in circumstances since the prior order was entered. The court then re-evaluates the arrangement under the same best interest factors. The material change must be one that affects the welfare of the child, not merely a change in the parent’s personal circumstances.

When to Seek Legal Help

Maryland’s 2025 codification of 16 best interest factors represents a major shift in how custody cases are analyzed. While the new framework provides more structure, custody decisions remain highly fact-dependent. If you are navigating a contested custody case, a relocation dispute, or a modification request, consider scheduling a free consultation to discuss your situation with a qualified professional.

Frequently Asked Questions

Does Maryland have a statutory list of best interest factors?

Yes. As of October 1, 2025, House Bill 1191 codified 16 statutory best interest factors under Family Law Section 9-201. Before this legislation, Maryland relied on case law factors from Montgomery County v. Sanders (1975). The new statutory factors include the child’s stability, safety, developmental needs, relationships, co-parenting capacity, military deployment, and the child’s preference, among others. Courts must articulate their consideration of each factor.

Does Maryland have a joint custody presumption?

No. Maryland does not have a statutory presumption in favor of joint or sole custody. The court evaluates each case individually under the best interest factors. While joint legal custody is frequently awarded when parents can cooperate, this reflects the factual analysis rather than a legal presumption.

How does Maryland handle relocation disputes?

Maryland does not have a comprehensive relocation statute. Relocation analysis is governed by case law, particularly Braun v. Headley (2009). The court considers the child’s relationship with each parent, the benefit of the move, the quality of life in the new location, and whether a modified visitation schedule can maintain meaningful contact.

Does Maryland use custody evaluators?

Yes. Maryland courts frequently rely on custody evaluations in contested cases. Under Md. Code, Family Law Section 9-109, the court may appoint a best interest attorney to represent the child’s interests. Court-appointed or privately retained evaluators interview parents and children, observe interactions, and provide reports that often carry significant weight.

How does HB 1191 change Maryland custody cases?

HB 1191 codified 16 best interest factors that courts must now evaluate and address on the record. Previously, courts relied on case law factors from the 1975 Sanders decision, which gave judges broad discretion with limited transparency. The new statutory framework creates a more predictable process, a clearer record for appeals, and a more structured basis for settlement negotiations.

What is a best interest attorney in Maryland?

A best interest attorney is appointed by the court under Family Law Section 9-109 to represent the child’s interests in a custody dispute. The attorney conducts an independent investigation, interviews family members, and advocates for the arrangement they believe best serves the child. This role is distinct from the parents’ attorneys and from a custody evaluator.

How This Guide Was Researched

This guide was developed by reviewing Md. Code, Family Law Section 9-101 et seq. (custody provisions), the newly codified 16 best interest factors under Family Law Section 9-201 (HB 1191, effective October 1, 2025), and Family Law Section 9-109 (best interest attorney provisions). Case law analysis drew on Montgomery County Department of Social Services v. Sanders (1975) and Braun v. Headley (2009) for relocation standards. We consulted the Maryland Courts Divorce and Family Self-Help resources, the Maryland General Assembly’s bill tracker for HB 1191 legislative history, Maryland Judiciary publications on custody proceedings, and Maryland State Bar Association family law section materials.

Sources and Legal References

• Md. Code, Family Law Section 9-101 et seq. — General custody provisions
• Md. Code, Family Law Section 9-201 — 16 statutory best interest factors (HB 1191, effective October 2025)
• Md. Code, Family Law Section 9-109 — Best interest attorney appointment and duties
• Montgomery County Dept. of Social Services v. Sanders (1975) — Prior case law best interest framework
• Braun v. Headley (2009) — Relocation analysis factors
• House Bill 1191 (2025 Session) — Legislative history and codification of best interest factors

Official Maryland Resources

• Maryland Courts — Divorce
• Maryland Family Help Centers
• Maryland General Assembly — Bills and Legislation

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Maryland custody laws and factors — Detailed analysis of Maryland’s custody framework
• Divorce in Maryland — Maryland’s no-fault reform, property division, and process
• Child support in Maryland — Maryland’s income shares model and shared custody adjustments
• Maryland alimony factors and types — How Maryland courts determine spousal support
• Maryland marital vs. separate property — Property classification in Maryland divorce
• Custody evaluations — How custody evaluations work
• Fathers’ rights in custody — Gender neutrality in custody proceedings
• Modifying a custody order — When and how to seek a modification