Will I Get Sole Custody of My Child in Maryland?

 Posted on August 10, 2026 in Child Custody

Parents have many reasons for wanting sole custody of their children. They may be the primary caretaker and so feel they ought to have primary responsibility for their child. They may feel their child is unsafe with their other parent, or that the other parent only wants custody as a way to exert control.

Whatever the reason, Maryland courts do not automatically grant any parent sole custody. Instead, courts decide custody based on what is in the child’s best interests. Factors can include the child’s safety and needs, each parent’s role in the child’s life, and the parents’ ability to communicate and co-parent.

If you have questions about custody of your child in 2026, a Fulton, MD family law lawyer can help answer them for you.

How Does Maryland Typically Divide Custody of a Child?

There are two distinct types of custody in Maryland: legal custody and physical custody.

Legal Custody

Legal custody refers to a parent’s authority to make major decisions for their child. These tend to be about things such as healthcare, schooling, or religion.

Joint legal custody means that both parents share responsibility for these decisions. Parents are expected to work through disagreements together. In some cases, courts may appoint a "tiebreaker" parent who has the authority to make the final decision if parents cannot come to an agreement.

Physical Custody

Physical custody is where a child lives and spends their time. Joint physical custody is when a child spends significant time at both parents’ homes. Sole physical custody generally means one parent has the child living with them, while the other parent has visitation time.

Final decisions about shared or sole custody are ultimately based on the best interests of the child.

When Does Maryland Award Sole Legal or Physical Custody?

Maryland courts may award sole custody for a number of reasons. If one parent is neglectful, abusive, or otherwise unfit to make decisions for or care for the child, the other parent may be granted sole custody. The parent without custody may still be granted visitation. However, the court may limit or deny visitation if it would not be safe or in the child’s best interests. In some cases, this might mean supervised visitation.

Sole legal custody may also be granted if the parents are unable to make important decisions together. However, this does not automatically mean that one parent will get sole custody. If both parents agree that sole custody is best for the child, the court may approve that arrangement.

Can I Trade Something Like Child Support for Sole Custody in Maryland?

Some parents who want sole custody of their child may offer to give up child support in exchange for custody rights. However, decisions on custody are not based solely on what one parent wants or what parents are willing to trade. All decisions regarding children must be made in the best interests of the child, not outside agreements by parents.

Child support is meant to support the child. A parent generally cannot give up that support in exchange for custody. A parent who has sole physical custody of their child generally takes on significant expenses on behalf of that child. This makes the payment of child support by the non-custodial parent even more important in many cases.

Can Maryland Custody Orders be Changed if Needed?

Custody orders can be reviewed and updated. Per Maryland Family Law Code Ann. § 9-202, a parent may ask the court to change a custody or visitation order if there has been a major change since the last order. The change must affect the child’s needs or a parent’s ability to meet those needs. Any change must also be in the child’s best interests.

For example, a parent may move far enough away that the current custody schedule no longer works. Changes in a parent’s ability to care for the child may also be a reason to change the order.

Call Our Columbia, MD Child Custody Lawyer Today

Questions about custody are many parents’ top priority when it comes to issues of divorce or separation from a partner. Parents deserve to get these questions answered with thoroughness and compassion.

Our Fulton, MD family law attorney has been practicing for over 20 years and offers a personal, client-centered approach. We understand that custody proceedings can be very stressful and are here to offer the support you need.

Call DM Family Law at 443-545-8100 today to get started.