The law in plain words
Under Family Law 9-201, the court decides legal and physical custody on the child's best interest. Since October 1, 2025, the statute lists the factors a judge may weigh.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Maryland explains what the figures can and cannot show.
Legal and physical custody
Maryland's statute uses two terms. The court rules and forms give each a plainer name.
- Legal custody, or decision-making authority: who makes long-term decisions on health care, education, religion and activities.
- Physical custody, or parenting time: where the child lives, and how much time the child spends with each parent.
Each can be shared or sole. A shared legal custody order can give one parent the final say on certain issues. That is called tie-breaking authority.
For child support, shared physical custody means each parent has more than 25% of the year's overnights. Some older guides still say 35%.
Is Maryland a 50/50 state?
No. Maryland has no presumption of joint custody or equal time.
Bills to presume joint custody with roughly equal time failed in 2024 and 2025.
Joint legal custody depends heavily on how well parents communicate. In Taylor v. Taylor, the state's highest court called that the most important factor.
The 16 custody factors
Since October 1, 2025, section 9-201 lists factors the court may consider:
- stability, and the child's foreseeable health and welfare
- frequent, regular and continuing contact with parents who can act in the child's best interest
- whether and how parents living apart will share rights and responsibilities
- the child's relationships with each parent, siblings, relatives and other important people
- the child's physical and emotional security, and protection from conflict and violence
- the child's developmental needs
- the child's day-to-day needs, including school, culture, religion, food, shelter and health
- how each parent puts the child's needs first and shields the child from conflict
- the child's age
- any military deployment of a parent
- prior court orders or agreements
- each parent's role in the child's care, and how that changed
- where each parent lives
- how the parents communicate, co-parent and settle disputes
- the child's preference, if age-appropriate
- any other factor the court finds relevant
The judge must state findings on each factor, on the record or in writing. The abuse rules in sections 9-101 to 9-101.2 come first.
Why older guides list other factors
Before October 2025, Maryland judges used lists from court cases. The best known are Montgomery County v. Sanders and Taylor v. Taylor.
Those lists included each parent's character and reputation, and the child's material opportunities. The new statute drew on that case law, but it is now the starting point.
Since July 1, 2026, a court reviewing a parenting plan dispute must address the statutory factors.
Your child's preference, and the age-16 petition
Maryland sets no age at which a child decides. The child's preference is one factor, if it is age-appropriate.
One rule is unusual. Under section 9-103, a child aged 16 or older can file their own petition to change custody.
The court must hold a hearing. It may, but does not have to, place the child with the parent the child chooses.
In a contested case, the court can appoint a best interest attorney to represent the child.
Mothers' and fathers' rights
Married parents start equal. Under Family Law 5-203, both are the child's joint natural guardians.
The same section says neither parent is presumed to have a right to custody superior to the other's.
A parent's disability counts only if it affects the child's best interest. The parent who raises it must prove that.
If you were never married
Under Estates and Trusts 1-208, a child born to unmarried parents is legally the mother's child. The father must establish parentage.
Maryland's legal self-help guidance says a father must establish paternity before claiming custody or visitation. Once he has, both parents stand equal under section 5-203.
- Affidavit of parentage: signing it is a legal finding of parentage.
- Changing your mind: either signer can rescind it within 60 days.
- After 60 days: it can be challenged only for fraud, duress or a material mistake of fact.
- Genetic test: a lab result of 99% or more, admitted in a paternity case, creates a rebuttable presumption of paternity.
A paternity order can also settle custody and visitation.
Abuse and domestic violence
Maryland's abuse rules come before the 16 factors.
- Child abuse or neglect: if there are reasonable grounds to believe it, the court must decide whether it is likely to happen again.
- The result: unless the court finds no likelihood of further abuse, it must deny custody and visitation. Supervised visitation is still possible.
- Abuse of the other parent: the court must consider it, and protect both the child and the victim.
- Murder: a parent convicted of murdering the other parent or a child generally gets no custody or visitation.
A final protective order can award temporary custody. It usually lasts up to one year.
The court may not order mediation if a party shows, in good faith, a genuine issue of abuse or coercive control that makes mediation inappropriate. Coercive control means a pattern of manipulation, threats or intimidation.
Emergency and temporary custody
Maryland has no statewide emergency custody form. Procedures vary by circuit court, so ask your county's family law self-help center.
While a case is open, the court can order temporary custody, called pendente lite custody.
If the child faces abuse or a threat of it, a protective order can award temporary custody quickly. Maryland courts can also act in an emergency to protect a child here, even if another state has the case.
Moving with your child
Under section 9-106, a custody order may require notice before a parent relocates.
- Notice: at least 90 days, in writing, to the court, the other parent or both. Certified mail to the last known address is enough.
- Fast hearing: if the other parent files a petition within 20 days of the notice, the court sets an expedited hearing.
- Schedule conflicts: a move that would seriously disrupt the parenting schedule also gets an expedited hearing.
The court must waive notice if it would expose the child or a parent to abuse. A parent who had to move suddenly can explain why.
Since October 2025, a proposed move that makes the current custody plan impracticable counts as a material change.
Changing a custody order
Since October 1, 2025, section 9-202 sets the test in the statute.
- There must be a material change in circumstances since the last order. It must relate to the child's needs or the parents' ability to meet them.
- The change in custody must be in the child's best interest.
The form is CC-DR-007, Petition to Modify Custody or Visitation. Filing it costs $31.
If a parent denies visitation without good reason, the court can reschedule the time, add conditions or award costs.
Your parenting plan
Maryland's courts give parents a parenting plan tool in every custody case. You get the instructions at or before your first court appearance.
The plan form, CC-DR-109, covers:
- who makes each major decision
- the weekday, weekend and holiday schedule
- school breaks, travel and exchanges
- how parents and the child stay in touch
- child care, and who is asked first
- how disputes are handled, starting with mediation
If you cannot agree on a full plan, you file a Joint Statement on form CC-DR-110 instead. It is due 10 days before a settlement conference, or 20 days before trial.
How to file for custody in Maryland
Custody cases are heard in the circuit court. File in the county where either parent or the child lives. Maryland must usually be the child's home state for six months.
- Complete the complaint. Use form CC-DR-004, Complaint for Custody.
- Add the case information report. Form CC-DCM-001 goes with every new family case.
- File and pay the fee, or ask for a waiver.
- Serve the other parent. They have 30 days to answer if served in Maryland.
- Attend what the court orders. That may be a parenting seminar of up to six hours, and mediation. A first mediation order covers up to four hours.
Forms are on the Maryland Judiciary family forms page. The Maryland Court Help Center offers free help.
How much does it cost to file for custody in Maryland?
Circuit court fees are set statewide. Under the fee schedule effective September 2, 2026:
| Filing | Fee |
|---|---|
| Complaint for Custody | $165 |
| Petition to modify custody or visitation | $31 |
If you cannot afford the fee, file a fee waiver request on form CC-DC-089, with form MDJ-008. The court considers legal aid income guidelines, but decides itself.
Mediation and seminar costs vary by county. The court can split or waive mediation fees.
What changed in 2025 and 2026
Maryland's biggest change in decades took effect on October 1, 2025.
- October 2025: 16 best-interest factors and the modification test entered the statute. Judges must explain each factor.
- July 2026: court rules now require judges to address those factors when reviewing a parenting plan dispute.
- 2023: a move that disrupts the parenting schedule gets an expedited hearing.
- 2022: claims of coercive control can stop court-ordered mediation. Custody judges in abuse cases need special training.
Bills to replace "custody" with "decision-making" and "parenting time" in the statute failed in 2022 and 2023.
Building the record
Maryland judges must now explain their findings factor by factor. Shielding the child from conflict, settling disputes and keeping the schedule all show up in dates.
Note each exchange, missed visit and disagreement as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Maryland.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Maryland custody-factor record
Maryland judges must state findings on each factor. Keep these items current so your facts are ready.
Keep the record Maryland's 16 factors ask for
Casewell keeps dated exchanges, messages and care notes in one private place. Export the period a lawyer or judge needs as a focused PDF.
Is Maryland a 50/50 custody state?
No. Maryland has no presumption of joint custody or equal time. Judges decide on the child's best interest, using 16 factors written into the law in 2025.
How do I get full custody of my child in Maryland?
File a Complaint for Custody, form CC-DR-004, in circuit court and ask for sole legal and physical custody. The judge weighs the 16 factors and the abuse rules.
At what age can a child decide which parent to live with in Maryland?
No age lets a child decide. The judge weighs an age-appropriate preference. At 16, a child can file their own petition to change custody.
How much does it cost to file for custody in Maryland?
A Complaint for Custody costs $165 in circuit court. A petition to modify costs $31. You can ask the court to waive the fees.
How far can a parent move with joint custody in Maryland?
Maryland sets no distance limit. If your order requires it, give 90 days' written notice. The other parent can file within 20 days for an expedited hearing.
Do unmarried fathers have custody rights in Maryland?
Yes, once paternity is established. After that, neither parent has a superior right to custody. A father can establish paternity by affidavit or in court.
Sources
This page summarizes the Maryland Family Law Article, the Maryland Rules and Maryland Judiciary forms as of October 2026. It explains the law in general terms and is not legal advice.
- Maryland Family Law 9-201 โ best-interest factors (effective October 1, 2025) checked
- Maryland Family Law 9-202 โ modifying custody checked
- Maryland Family Law 5-203 โ parents as joint natural guardians checked
- Maryland Family Law 9-101 โ abuse or neglect of the child checked
- Maryland Family Law 9-103 โ a child's petition to change custody at 16 checked
- Maryland Family Law 9-106 โ notice of relocation checked
- Maryland Family Law 5-1028 โ affidavit of parentage checked
- Maryland Judiciary โ parenting plans checked
- Maryland Judiciary โ family law forms checked
- Maryland Judiciary โ circuit court fee schedule checked