What Factors Do Maryland Courts Consider in Child Custody Decisions?

Judge examines wooden figures of a family in a courtroom

In Maryland, when parents separate or divorce, one of the most emotionally significant and critical considerations is determining child custody. Understandably, parents want what’s best for their children, but they may not always agree on what that looks like. That’s where the court steps in—to make decisions based on what the law calls the “best interests of the child.”

However, what does that really mean? How do judges in Maryland determine custody arrangements or allocate parenting time? In the guide below, we will review this standard in more detail.

Legal Custody vs. Physical Custody

Maryland courts categorize custody into two distinct types:

Legal custody entails the authority to make significant decisions regarding the child’s life, including education, healthcare, and religious upbringing.
Physical custody pertains to the child’s residence and the individual responsible for daily care.

Legal custody can either be sole, where one parent has full decision making authority, joint, wherein both parents share responsibilities, or joint with one party having “tiebreaker authority” wherein one parent has the authority to make a final decision when the parties are at an impasse with any particular legal custody decision. Physical custody can be primary or shared; in order to be considered a shared custodian, you must have at least 92 overnights with the child(ren). In reaching a custody determination, the court always prioritized the child’s best interests.

The “Best Interests of the Child” Standard

Maryland courts do not automatically favor one parent over the other based on gender or income. Instead, judges carefully weigh various factors in accordance with Maryland case law to determine what arrangement best supports the child’s physical, emotional, and psychological needs. No single factor is most important.

This is a list of some, but not all, of the factors, that the court will consider:

The Fitness of Each Parent

The court looks at the parents’ ability to care for the child, including their physical and mental health, lifestyle, and overall stability.

Character and Reputation

Judges may consider the parents’ behavior, character, and general reputation in the community, especially if it reflects their parenting style or decision-making ability.

Willingness To Co-parent

A parent’s ability to foster a healthy relationship between the child and the other parent plays a significant role. If one parent is likely to sabotage that relationship or refuse to communicate, it may impact custody decisions.

Child’s Relationship with Each Parent

Courts consider how bonded the child is with each parent and which parent has been the primary caregiver.

Stability of the Home Environment

A stable and supportive home is essential. Judges may evaluate each parent’s living situation and how it supports the child’s needs—emotionally, academically, and socially.

Child’s Preference (depending on age)

If the child is mature enough, the court may consider their preference, though this is just one of many factors, and not always determinative.

white paper family model divided in half by a judge's gavel

History of Abuse or Neglect

Any allegations or history of physical, emotional, or sexual abuse will weigh heavily in the court’s decision. Maryland courts prioritize the child’s safety above all else.

Work Schedules and Availability

Another important factor is a parent’s ability to be present and provide daily care, especially for younger children. A demanding work schedule that limits time with the child may affect custody outcomes.

Can Custody be Modified Later?

Custody is not always permanent. If a significant change occurs, such as relocation, job change, or concerns about a child’s safety, either parent can petition the court to modify the custody arrangement. However, in doing so, the party requesting said modification will need to prove that there has been a material change in circumstances that has negatively impacted the child’s well-being since the entry of the of last court order.

Let Rice Law Help You Protect What Matters Most

At Rice Law, we know that nothing matters more than your child’s future. Whether you are facing a custody battle or developing a parenting plan, we are here to assist you in navigating the process with clarity and compassion. Our attorneys work closely with you to present a strong, child-focused case and ensure your voice is heard in court.