How is Child Custody Decided in Maryland?

 Posted on February 25, 2026 in Child Custody

Family law matters involving child custody are often emotional, resulting in significant anxiety and uncertainty. You agonize over the wellbeing of your children. You hope that their mental health doesn’t suffer. You worry about how much time you will spend with them. You don’t want to miss out on things in their lives.

In 2026, Maryland child custody laws are focused on serving the best interest of the child when determining a custody arrangement. Every situation is different, and Courts look at a litany of factors in reaching a decision on child custody. The Court doesn’t favor either parent, meaning that no one assumes that either parent is more capable of having custody.

In this article, our Columbia child custody attorney will give you a solid background of how a Maryland Court makes a child custody decision.

Legal and Physical Custody in Maryland

There are two types of custody that need to be figured out in any case: "legal custody" and "physical custody."

What is Legal Custody in Maryland? 

Legal custody refers to which parent has the authority to make important decisions in your children’s lives, including medical care, education matters, religious training, etc. These decisions generally do not include the mundane, daily decisions, but rather the major, essential decisions about your children’s overall upbringing.

The Court starts with the assumption that joint legal custody is appropriate, where both parents share the authority for making these important decisions. But the Court can also give one parent sole legal custody, where that parent has all the authority. The Court sometimes gives one parent "tiebreaking" authority, where the parents are required to have a reasonable discussion about important decisions, but the tiebreaking parent has the final say.

What is Physical Custody in Maryland? 

Physical custody refers to where your children reside at any given time. Shared physical custody is when your children reside with both parents on a regular basis. Sole (or primary) physical custody is when your children reside primarily with one parent on a regular basis. If the Court gives one parent sole physical custody, then the other parent will most likely have custodial access (or visitation) with the children.

Best Interest of the Child Standard in Maryland Custody Cases

The best interest of the child is the primary concern in making any custody decision in Maryland. Until October 1, 2025, Courts relied on two cases from the 1970s and 1980s to guide its determination of what is in the best interest of the child. However, starting on October 1, 2025, the Maryland legislature enacted a law that lists all the factors that the Court must consider in making a custody decision.

This marked a massive shift in how custody cases will be decided in Maryland. Now there is a clear list of exactly which factors the Court must use in weighing what is in the best interest of the child.

Under the new law, 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: (i)place the child's needs above the parents' needs;(ii) protect the child from the negative effects of any conflict between the parents; and (iii) 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: (i) how they communicate with each other; (ii) whether they can co-parent without disrupting the child's social and school life; and (iii) how the parents will resolve any disputes in the future without the need for court intervention;
15. the child's preference, if age-appropriate; and
16. any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.

The Legal Process of Determining Custody in Maryland

The legal process of determining custody in Maryland can be daunting. But a child custody case generally involves the following:

1. Complaint for Custody. This is the court filing that starts a custody case. Either parent can file a Complaint (or Petition) for custody.
2. Service of Process. After the Court processes the custody filing, then you must "serve" the other parent with the paperwork. This can be done in multiple ways, including mailing or having a third party (not you) hand the documents to the other side.
3. Answer. Once served, the other parent has a period of time to file a response, or Answer, to your custody filing.
4. Scheduling Hearing. The Court will hold a scheduling hearing to determine what issues are agreed and what issues are contested, and then set future dates and deadlines.
5. Mediation. Often, the Court will also order that the parents attend mediation to see if they can agree on a custody arrangement that is in the best interest of the children.
6. Custody Evaluation. Sometimes, the Court orders a custody evaluation conducted by a social worker or other qualified professional. The evaluator investigates the parents and children, then makes custody recommendations to the Court.
7. Trial. If you are unable to reach a custody agreement, then the Court will hold a trial, where you and the other parent will be able to present evidence and testimony. A Judge will then make a custody decision.
8. Final Custody Order. Whether by agreement or result of a trial, the Court will issue a final custody order outlining the details of your custody arrangement.

Contact an Experienced Columbia, MD Child Custody Attorney 

While the child custody factors have changed and there are new laws, what hasn’t changed is that every custody case is different. Understanding child custody laws in Maryland is super important to obtaining the best result for your children. You need an experienced Maryland child custody lawyer on your side, to help you advocate for the best interest of your children.

Call DM Family Law at 443-545-8100 today.