Finally! A Child Custody Statute For Maryland

As I wrote in the Severna Park Voice in March 2020, multiple legislative sessions had seen the introduction of bills that would make joint custody and/or shared parenting the presumptive custodial arrangement.

Every year, these bills were defeated, until this year. Finally, Maryland joins most states by enacting Maryland Family Law Section 9-201, effective October 1, 2025, encoding the “factors to determine a child’s best interest” in deciding legal and physical custody.

Previously, Maryland courts were guided by case law, in particular, Montgomery County v. Sanders, the seminal case setting forth those factors that a court must consider when ruling on custody. The new law codifies and streamlines Maryland’s custody case law, including the Sanders factors. It states that, in determining what legal custody and physical custody is in the best interest of a child, the court may consider the following factors:

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. Whether and how parents who do not live together will share the rights and responsibilities of raising the child
4. The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become 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 physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth
7. The day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health
8. How to:
   A. Place the child’s needs above the parents’ needs
   B. Protect the child from the negative effects of any conflict between the parents
   C. Maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child
9. The age of the child
10. Any military deployment of a parent and its effect, if any, on the parent-child relationship
11. Any prior court orders or agreements
12. Each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed
13. The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school and activities
14. The parents’ relationship with each other, including:
    A. How they communicate with each other
    B. Whether they can co-parent without disrupting the child’s social and school life
    C. How the parents will resolve any disputes in the future without the need for court intervention
15. The child’s preference, if age-appropriate
16. Any other factor that the court considers appropriate in determining how best to serve the physical, developmental and emotional needs of the child.

Notably, the “any other factor” allows the courts to fashion a tailored arrangement. The new legislation will foster uniformity and predictability, while still leaving to the trial judge ample discretion to fashion the best resolution for each family.

Additionally, in section B, the law will require the court to “articulate its findings of fact on the record or in a written opinion, including the consideration of each factor listed in subsection A of this section and any other factor that the court considered.” This requirement will make the record clear for subsequent determinations and appeals.

Child custody determinations are always modifiable, and the new legislation also codifies that law in Maryland Family Law Section 9-202, stating, “Modification of order due to material change in circumstances,” also effective October 1, 2025. Child custody orders are open to modification “if the court determines that there has been a material change in circumstances since the issuance of the order that relates to the needs of the child or the ability of the parents to meet those needs and that modifying the order is in the best interest of the child.”

Additionally, the new law specifically states that a “parent’s proposal to relocate the residence of the parent or the child in a way that would cause physical custody to be impracticable constitutes a material change in circumstances.”

If you or a loved one has questions about custody, you should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. David Diggs is experienced in all facets of family law.

For further information regarding this subject, contact The Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville. Call 410-244-1171 or email david@diggslaw.com.

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