Maryland Custody Laws & Parenting Plans

Maryland overhauled its divorce law in October 2023 and followed up with House Bill 1191, effective October 1, 2025, which codifies 16 statutory best interest factors for custody decisions. Whether you are filing for divorce or modifying an existing custody order, understanding how Maryland courts evaluate parenting plans is essential to protecting your relationship with your children.

This guide covers Maryland's custody framework, the new HB 1191 factors, what your parenting plan (CC-DR-109) must include, how parenting time connects to child support, and what happens when parents cannot agree. If you're earlier in the process, our Maryland divorce filing checklist covers the procedural basics.

Types of Custody in Maryland

Maryland recognizes two distinct dimensions of custody, and courts evaluate them independently. Either type can be awarded solely to one parent or shared between both:

Legal Custody (Decision-Making Authority)

Legal custody determines who makes major decisions about the child's education, healthcare, religious upbringing, and extracurricular activities. Maryland courts frequently award joint legal custody when parents can communicate effectively, meaning both parents must agree on significant decisions. Sole legal custody is reserved for situations where cooperation is impractical—such as documented domestic violence, substance abuse, or a pattern of one parent excluding the other from decisions.

Physical Custody (Parenting Time)

Physical custody determines where the child lives and how day-to-day parenting time is divided. Maryland courts may order:

• Primary physical custody: The child lives primarily with one parent; the other parent receives scheduled parenting time
• Shared physical custody: Each parent has the child for at least 25% of annual overnights (92 or more nights per year), triggering a different child support calculation

The physical custody arrangement directly affects child support under Maryland's Income Shares model, particularly through the shared custody threshold and the 1.5× multiplier. For a detailed breakdown, see our Maryland child support calculations guide.

HB 1191: The 16 Best Interest Factors

Before October 2025, Maryland courts relied on case law—primarily the Montgomery County v. Sanders and Taylor v. Taylor factors—to evaluate custody. House Bill 1191 replaces that patchwork with a single statutory list of 16 factors that courts must now consider and address on the record. The factors include:

• The child's age and developmental needs: Younger children may need more frequent transitions; older children have different scheduling requirements
• The child's preference: If the child is of sufficient age and maturity, courts consider their stated wishes
• Each parent's ability to meet the child's needs: Day-to-day caregiving capacity, including education, socialization, food, shelter, and healthcare
• The child's relationships: Attachment to each parent, siblings, and other significant people in the child's life
• Each parent's willingness to facilitate the relationship with the other parent: Courts look unfavorably on parents who interfere with the child's bond with the other parent
• Stability and continuity: The child's adjustment to home, school, and community
• Proximity of parental homes: Geographic distance affects the practicality of shared custody schedules
• Mental and physical health of all parties: Including both parents and the child
• History of domestic violence or abuse: Documented violence weighs heavily against custody for the abusive parent
• Each parent's ability to act in the child's best interest: A broader measure of parental judgment and decision-making
• Protection from exposure to conflict: The ability to shield children from parental disagreements

The statute also requires courts to articulate—verbally or in writing—how they weighed each factor, providing a clearer record for appeals and giving parents more predictability about what judges evaluate.

Important: Maryland has no statutory presumption favoring 50/50 custody. Although HB 1191 codifies the factors, the court still evaluates each family's unique circumstances. Both parents start on equal footing.

Domestic Violence and Custody

A history of domestic violence or abuse is an express statutory factor under HB 1191 and weighs heavily against awarding custody to the abusive parent. Maryland also provides separate protective relief through Family Law Title 4, which allows survivors to obtain protective orders that may include temporary custody, exclusive use of the home, and emergency family maintenance.

If domestic violence is present, the court may not order custody mediation. Under Maryland Rule 9-205, mediation is excluded when a party or child in good faith reports domestic abuse or coercive control that would make mediation inappropriate.

Building Your Parenting Plan (CC-DR-109)

Every Maryland custody case requires a Parenting Plan filed with the court. Maryland provides the Parenting Plan Tool (Form CC-DR-109) with accompanying instructions (CC-DRIN-109). You can complete the form alone, together with your co-parent, or with a mediator. The form is provided at your first court appearance, but is also available on the Maryland Courts website.

Your parenting plan must address:

• Decision-making authority: Which parent (or both jointly) decides matters of education, healthcare, religious upbringing, and extracurricular activities
• Regular parenting schedule: Where the child resides on weekdays, weekends, and overnights, with specific days and times for exchanges
• Holiday and vacation schedule: Provisions for major holidays, school breaks, summer vacation, and special occasions like birthdays
• Transportation and exchanges: Who provides transportation, where exchanges occur, and contingency plans for missed pickups
• Communication provisions: How parents communicate about the child and how the child contacts the other parent during parenting time
• Dispute resolution: How disagreements are handled before returning to court—typically mediation or collaborative negotiation
• Relocation provisions: Notice requirements if either parent intends to move, and how the move affects the parenting schedule

Courts generally approve parenting plans that both parents agree to, as long as the plan serves the child's best interest. Judges defer to these agreements unless they are ambiguous, unworkable, or could endanger the child.

Shared Custody and Child Support

Maryland uses the Income Shares model under Md. Code, Family Law §12-204. Your custody arrangement directly determines which child support worksheet applies and how the obligation is calculated.

How Custody Affects Support

• Primary custody (Worksheet A): When one parent has the child for more than 75% of overnights, the standard Income Shares formula applies
• Shared custody (Worksheet B): When each parent has at least 25% of overnights (92+ nights), the basic obligation is multiplied by 1.5× and each parent's share is cross-multiplied by the other parent's percentage of overnights
• 25–30% adjustment bands: If a parent has between 92 and 109 nights (25–30%), an additional 2–10% is added to their theoretical obligation to account for the transition between sole and shared custody formulas

The combined adjusted income cap is $30,000/month. Above this threshold, the court exercises discretion based on the children's reasonable needs.

Mediation and Parent Education

Maryland courts actively promote alternative dispute resolution in custody cases through two primary mechanisms:

Parent Education Seminar

In contested custody or visitation actions, courts ordinarily order a six-hour educational seminar under Maryland Rule 9-204. The seminar covers child development, co-parenting skills, managing transitions, and using the Parenting Plan Tool. Attendance is typically required before the case can proceed to a hearing.

Custody Mediation

Under Maryland Rule 9-205, courts must decide early whether mediation is appropriate for custody and visitation disputes. If ordered, the initial mediation may last up to four hours across two sessions, with up to four additional hours available on the mediator's recommendation. Some circuits offer court-connected mediation programs at reduced cost or on a sliding scale.

Mediation is not ordered when a party or child in good faith reports domestic abuse or coercive control that makes mediation inappropriate. The mediator reports only whether the parties reached an agreement—not the substance of the discussions.

When Parents Cannot Agree

If you and your co-parent cannot agree on a parenting plan, you must file the Joint Statement Concerning Decision-Making Authority and Parenting Time (Form CC-DR-110). This document outlines each parent's preferred arrangement on every contested issue and helps the court understand where disagreements lie.

The court may then take additional steps to resolve the dispute:

• Custody evaluation: The court may appoint a professional evaluator to investigate each parent's home, interview the children, and make recommendations
• Child's attorney: In contested cases, the court may appoint an attorney to represent the child's interests independently
• Magistrate hearing: Many family issues are first heard by a magistrate, who issues written findings and recommendations. Either party can file exceptions (objections) within 10 days

Contested custody cases in Maryland typically resolve within 9–12 months of filing, though complex cases involving evaluations and extensive discovery may take longer. For more on how the overall process unfolds, see our guide to uncontested vs. contested divorce in Maryland.

Modifying Custody Orders

Maryland allows modification of custody and parenting time orders when circumstances change. HB 1191 also codified the modification standard: the court may modify custody if it determines there has been a material change in circumstances since the original order that relates to the child's needs or the parents' ability to meet those needs.

Common grounds for modification include:

• Relocation: A parent moving to a different area that disrupts the existing parenting schedule
• Change in the child's needs: A child entering school, developing special needs, or reaching an age where their preferences carry more weight
• Safety concerns: New evidence of abuse, substance abuse, or neglect
• Failure to follow the order: A parent consistently not exercising or interfering with the other parent's parenting time

Retroactive modifications are generally not allowed before the date you file. Child support modifications require at least a material change, and the Child Support Administration reviews cases every three years on request.

Key Takeaways

• HB 1191 codifies 16 best interest factors: Effective October 1, 2025, courts must consider and address each factor on the record
• Two types of custody: Legal custody (decision-making) and physical custody (where the child lives) are evaluated independently
• Parenting Plan required: Every custody case requires Form CC-DR-109; if parents cannot agree, file the Joint Statement CC-DR-110
• No presumption of 50/50: Both parents start on equal footing, but courts evaluate each family individually
• Domestic violence is a statutory factor: A history of abuse weighs heavily against custody and may preclude mediation
• Shared custody at 25% overnights: The 92-night threshold triggers the 1.5× multiplier for child support calculations
• Six-hour parent seminar: Required in contested cases under Rule 9-204
• Material change standard: HB 1191 codified the modification standard based on changes to the child's needs or parental capacity