Maryland custody law is changing for the better. HB 1191 goes into effect on October 1 — and could affect determination of custody in your case

Beginning in October 2025, Maryland courts, like our neighboring jurisdictions in D.C. and Virginia, will finally have specific and detailed statutory factors that a judge hearing a custody case may consider when determining what physical and legal custody arrangements are in the best interest of a child.

While the new law isn’t a seismic shift for Maryland custody cases — some of the factors were already set forth in case law — having clear statutory factors will provide more predictability for Maryland parents as to how a judge will assess their custody matter and help parents consider the potential risks and benefits of litigating custody in court.

Maryland’s new child custody statute

Maryland House Bill 1191, which goes into effect on October 1, 2025, codifies and sets forth for the first time a list of specific factors Maryland courts need to consider when determining what legal and physical custody arrangement is in the best interest of a child. The law also requires that the court articulate, verbally or in writing, its consideration of each of the factors, as well as any other factor considered. In addition, the new law makes clear a court can modify a custody or visitation order if there has been a material change in circumstances relating to the needs of the child or the parent’s ability to meet those needs — and that modifying its order is in the best interest of the child.

Why HB 1191 matters in Maryland custody cases

HB 1191 outlines 16 factors the court must consider (or explain why it did not consider a particular factor) when awarding child custody or modifying a previous order. This codification provides a much-needed and transparent framework for both parents and judges of the factors a court can and must consider when determining what custody arrangement is in the best interest of a child.

The delineated factors, set forth below, are a welcome refresh from the prior case law factors (and similar to the factors parents must consider when putting together a parenting plan or joint statement regarding custody, per the Maryland Rules).

The new factors are more child-focused, including emphasizing the child’s developmental needs and the parents’ ability to meet those needs, the parents’ ability to act in the child’s best interest, and protecting the child from exposure to conflict and violence.

Here are the 16 factors, in the order listed in the statute (Md. Code, Family Law Section 9-201): 

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. How parents will share the responsibilities of raising their child;
4. The child’s relationship with each parent, siblings, or other individuals who are or may become important to the child;
5. The child’s physical and emotional safety 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 daily needs of the child (including education, socialization, culture, religion, food, shelter, clothing, and mental and physical health); 
8. How to: place the child’s needs above the parent’s needs; protect the child from the negative effects of any conflict between the parents, and maintain the child’s relationships with the parents and other family members;
9. Age of the child;   
10. Impact of any military deployment on the parent-child relationship;
11. Prior court orders or agreements;
12. Each parent’s caregiving roles and whether those roles have changed;
13. Location of parent’s home as it relates to parent’s ability to coordinate parenting time, school and activities;
14. The parents’ relationship including parental communication, co-parenting ability (without disrupting child’s social and school life), and conflict resolution;
15. Child’s preference, if age-appropriate; and the final catch-all factor;
16. Any other factor relevant to the child’s physical, emotional or developmental needs.

Notably, in addition to the above factors, a court is required to consider evidence of abuse by a party against the other parent, the party’s spouse or any child in that party’s home; and if a court finds that the party committed abuse, the court is required to make custody/visitation arrangements that best protect: (i) the child who is the subject of the proceeding and (ii) the victim of the abuse. (Md. Code, Family Law Section 9-101.1)

What this means for your Maryland custody case

While parties facing divorce or child custody issues often think that they need to immediately seek court intervention, the reality is that a significant number of family law cases settle before a full trial is held. 

Understanding the factors that Maryland courts consider when determining child custody — and the best interest of the child — and assessing your specific case is an important first step for any parent contemplating pursuing a litigated custody matter in Maryland or attempting to resolve the matter out of Court with their co-parent. To get educated and assess the potential outcomes for custody of your children (either in court or through settlement), it’s critical to consult with an experienced family lawyer who has a deep knowledge of Maryland law, is well-versed in developing parenting plans, and understands the nuances of how courts decide physical and legal custody.

For support navigating a child custody or divorce matter in Maryland, schedule a consultation with Sarah Zimmerman or another member of our Maryland family law team, or call Tucker Family Law at 202-936-3636.