Maryland Codifies Child Custody Considerations

Maryland’s family law just got a significant update. With the passage of House Bill 1191, which goes into effect on October 1, 2025, child custody decisions in Maryland courts will follow a clearly defined set of statutory factors, with hopes of bringing transparency and consistency to a process that has historically relied on case law and judicial discretion.

What Changed?

For the first time, Maryland has codified a comprehensive list of factors that courts may consider when determining legal and physical custody in the best interest of a child. These factors appear in the new Subtitle 2 – Legal and Physical Custody – Judicial Determinations section of the Family Law Article.

Among the 16 listed considerations, here are some of the most impactful:

• “Stability and the foreseeable health and welfare of the child”
• “The child’s physical and emotional security and protection from exposure to conflict and violence”
• “The developmental needs of the child, including physical safety, emotional security, and cognitive growth”
• “How to place the child’s needs above the parents’ needs and maintain important relationships”
• “Each parent’s role and how it may have changed”
• “The child’s preference, if age-appropriate”

Modification Standards Also Clarified

Under the revised §9–202, courts may modify custody orders if there has been a material change in circumstances affecting the child’s needs. Notably, a parent’s proposal to relocate—if it makes the current custody order unworkable—automatically qualifies as a material change.

Why It Matters

This statute brings long-overdue clarity to Maryland’s custody determinations. By outlining specific factors, HB 1191 empowers courts to make more consistent, child-centered decisions and provides parents with greater predictability in custody proceedings.

If you’re involved in a custody matter or considering a modification, the experienced family law attorneys at Lewicky, O’Connor, Hunt & Meiser are here to guide you through every step of the process.