Maryland courts have always made custody determinations under a “best interests of the child” standard. House Bill 1191 became effective on October 1, 2025 and provides a 16-point checklist for judges to use in making and explaining custody orders. With this detailed framework in place, custody determinations should be clearer, more consistent, and child-centered. The key takeaway from the new law is this: parents strengthen their position by showing the court–with evidence–stability, cooperation, and child-centered decision-making. Here is a look at the 16 factors that the courts will consider in child custody orders.

The 16 Factors to Determine Child Custody and Visitation

The framework is a guide for judges to evaluate each family’s specific situation and circumstances–it is not a rigid formula. The new statute lists 16 factors the judge may consider when deciding “what legal custody and physical custody” is in the child’s best interest:

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:
   1. place the child’s needs above the parents’ needs
   2. protect the child from the negative effects of any conflict between the parents, and
   3. 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:
    1. how they communicate with each other
    2. whether they can co-parent without disrupting the child’s social and school life, and
    3. 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

Md. Code, Fam. Law § 9-201

The list concludes with the instruction to the court to include its consideration of each of the 16 factors plus any other factors it considered in making the determination. This requirement gives both parents (and their attorneys) insight into the judge’s decision-making process. This new structure may help moderate the deep emotions involved in child custody decisions, helping families move forward for the benefit of the child. It also provides insight on how a parent might successfully pursue a modification to the order.

Modifying a Child Custody Order

The new Maryland custody statute outlines not only how initial custody orders are made but also the process for their modification. A parent can request a modification to an existing order by demonstrating a "material change in circumstances." One material change the law specifically defines is a parent's relocation that makes shared physical custody impractical.

But even if a parent shows the court that a material change of circumstances has occurred, the court's decision to modify the order must still be based on the child’s best interest. This law recognizes the child’s need for stability while offering some flexibility to accommodate a family’s changing circumstances.

Be Prepared for Maryland’s New Custody Law

If a child custody order is–or will be–a part of your family life, being proactive will help you. You can prepare yourself by becoming familiar with the 16 factors and understand how a judge might consider them. You can begin documenting how you are involved in your child's life so that you have evidence to provide to the court. And you can be mindful of how you interact with your co-parent, keeping in mind that judges favor open communication and cooperation between parents. But you don’t have to do this alone. With a knowledgeable Maryland family law attorney guiding you, navigating this new legal territory will be significantly less challenging.

Work with an Experienced Family Law Attorney

If you have questions about this new law or need help preparing for a custody hearing, the attorneys at Joseph Greenwald & Laake are ready to help you. We will take the time to understand your family’s unique situation and work with you to protect both your child’s well-being and your parental rights. Contact Joseph Greenwald & Laake, PA today to schedule your consultation.