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Maryland Child Custody Factors: Codified Best Interests Under HB 1191 (2025 Update)

Understanding Maryland's Child Custody Factors: Updates from House Bill 1191

In Maryland, child custody decisions prioritize the best interests of the child, a standard that has evolved from foundational case law to recent statutory codification. As of July 2025, House Bill 1191 (passed in the 2025 Regular Session) codifies a detailed list of factors for courts to consider in determining legal and physical custody, effective October 1, 2025. This builds on precedents like Montgomery County v. Sanders (1977) and Taylor v. Taylor (1984), providing clearer guidance for families. Amar S. Weisman, recognized by Expertise.com as one of the 12 Best Divorce Lawyers in Baltimore for 2025, brings over 17 years of experience in navigating these factors to achieve favorable outcomes in custody cases. Contact our Towson firm for personalized insight into how these elements apply to your situation.

Key Custody Factors Codified in Maryland Law

Under House Bill 1191, amending Family Law Article § 9-201(A), courts may consider the following 16 factors when evaluating the best interests of the child. These factors emphasize stability, safety, and the child's overall welfare, superseding reliance solely on case law:

  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: (i) place the child’s needs above the parents’ needs; (ii) protect the child from the negative effects of any conflict between the parents; and (iii) 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: (i) how they communicate with each other; (ii) whether they can co-parent without disrupting the child’s social and school life; and (iii) 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.

An experienced custody lawyer like Mr. Weisman can help present evidence aligned with these factors to strengthen your case.

Factors Specific to Joint Custody

For joint custody, courts continue to reference Taylor v. Taylor principles, now reinforced by HB 1191's factors (e.g., parental communication and logistical feasibility under factors 3, 13, and 14). Key considerations include the parents' ability to communicate effectively, their willingness to share responsibilities, and the practicality of shared arrangements. Demonstrating cooperation is crucial; family law firms emphasize building a record of positive co-parenting to support joint custody petitions.

Practical Considerations for Custody Analysis

In applying the codified factors, courts address practical questions to evaluate parental fitness and the child's needs. These align with HB 1191 and include:

  • Who can maintain a stable, clean, and safe home environment? (Relates to factors 1, 5, and 7.)
    - Who can provide proper discipline and consistent rules? (Relates to factors 6 and 8.)
  • Who can meet the child's academic needs, including a consistent school? (Relates to factors 6, 7, and 13.)
  • Who can meet the child's physical and emotional needs? (Relates to factors 5, 6, and 7.)
  • Who can preserve natural family relationships that already exist? (Relates to factors 4 and 8.)
  • Who has the most expansive parental support system? (Relates to factor 4.)
  • Who has the time to care for the child, considering work schedules? (Relates to factors 3 and 12.)
  • Do the parents communicate well enough for joint custody? (Relates to factor 14.)
  •  Do the parents live close enough for joint custody? (Relates to factor 13.)
  • What does the Best Interest Attorney recommend? (Relates to factor 16.)
  • What does the child’s therapist recommend? (Relates to factors 6 and 16.)
  • What does the Custody Evaluator recommend? (Relates to factor 16.)
  • What does the Home Study say? (Relates to factors 1 and 5.)
  • What was the outcome of any DSS Investigation? (Relates to factors 1 and 5.)
  • Is either parent impaired due to substance abuse? (Relates to factors 1, 5, and 12.)

A thorough evaluation by a family law firm can integrate these elements with expert reports to inform court decisions.

Frequently Asked Questions (FAQs) About Maryland Child Custody Factors


What is the 'best interests of the child' standard?

t requires courts to prioritize the child's welfare, now codified in HB 1191 effective October 1, 2025?

How does HB 1191 change custody cases?

It provides a statutory list of 16 factors, reducing reliance on case law for more predictable outcomes.

Can a child's preference influence custody?

Yes, if age-appropriate (factor 15), typically for children 12 and older.

What if there's substance abuse or violence?

These are critical under factors 1, 5, and 8, potentially limiting custody.

Call 410-321-4994 for a Free Consultation with Towson Custody Lawyer Amar S. Weisman

Schedule a free consultation to discuss how these factors apply to your case. Legal services require a retainer (see our Policy on Fees/Costs). Located near the Circuit Court for Baltimore County at 1018 Dulaney Valley Road, Towson, MD 21204, we serve clients throughout the Baltimore area, including Aberdeen, Abingdon, Bel Air, Bowleys Quarters, Catonsville, Cockeysville, Edgewood, Essex, Lutherville, Owings Mills, Parkville, Perry Hall, Rosedale, Sparrows Point, Timonium, Towson, Westminster, and White Marsh.

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