NEW FACTORS FOR THE COURT TO CONSIDER IN CHILD CUSTODY CASES IN MARYLAND

 Posted on December 12, 2025 in Child Custody

Maryland's custody law saw major changes with House Bill 1191, which codifies the "best interests" factors into law, creating a clearer, more consistent standard for judges to follow, emphasizing stability, safety, and specific developmental needs, and requiring courts to explain their reasoning. Key updates include a clear list of 16 factors (like stability, conflict exposure, child's preference) and formalizing that a parent's move can be a material change for modification.  This is very important, because the Court now has to literally, on the record, enumerate the factors it considered in determining custody.  Key Changes from HB 1191 (Effective Oct 1, 2025)

• Codified "Best Interests" Factors: Maryland now has a specific list of 16 factors judges must consider, replacing reliance solely on case law for more transparency. These include: what does the child want? Who is the more stable parent? Who will have a calmer and more stable home for the child?
• Judicial Transparency: Courts must now articulate their reasoning, verbally or in writing, for custody decisions, detailing how they applied the factors. This is super important, because if the Court does not spell out its' reasoning, you have a clear basis for an appeal to the higher court.
• Focus on Child's Well-being: Greater emphasis on stability, preventing exposure to conflict, meeting developmental needs, and maintaining parent-child relationships.
• Parental Relocation Clarified: A parent's move can now be considered a material change in circumstances, opening the door for custody modification requests. 

What This Means for Parents

• Clearer Expectations: Parents have a better understanding of what factors courts evaluate.
• More Consistent Decisions: The codified list aims to reduce judicial discretion and promote uniformity.
• Stronger Focus on Child's Needs: The law prioritizes the child's physical, emotional, and developmental health over parental convenience. 

Other Recent Updates (2023)

• Child Abduction Prevention Act: Added measures like preventing abduction and allowing courts to issue warrants for physical custody in urgent cases. 

How to Get a Custody Modification

• Prove Material Change: You must show a significant change in circumstances since the last order (e.g., relocation, change in needs).
• Prove Best Interest: The requested change must be in the child's best interest.
• Petition the Court: File a petition, potentially with mediation first, or agree with the other parent. 

If you have a child custody case OR a modification case, it is very important you speak with a lawyer.