Maryland’s New Codified Custody Factors (HB 1191)

Maryland significantly changed its child custody laws when it passed HB 1191. This puts into the law books actual custody factors the court must consider when determining the best interests of the child. For decades, the courts relied on case law for these factors. The law, which became effective October 1, 2025, takes this case law and codifies it for the future.

At RPM Law, our Maryland family law attorneys help you with child custody issues and protecting the best interests of your children.          

What HB 1191 Changes

HB 1191 did not completely change Maryland custody law. Instead, it took what was part of decades of case law the courts already used and put it into the statute. This better clarifies all of the factors, making them easier to cite and use in a custody case.

It has also helped:

• Improve consistency across Maryland courts
• Increase transparency for parents
• Ensure judges evaluate the full context of a child’s life
• Modernize custody considerations to reflect today’s parenting realities

The result is a clearer, more predictable framework for custody decisions—one that parents, attorneys, and judges can reference directly in the Maryland Code.

The New Codified Custody Factors

Under HB 1191, Maryland courts must evaluate a series of best‑interest factors when determining legal custody, physical custody, or parenting time. There are 16 individual factors, but they are summarized here into a few relevant categories.

1. The Child’s Needs and Development

Courts must consider the child’s:

• Physical health
• Emotional well‑being
• Educational needs
• Developmental stage
• Special needs, if any

This ensures custody arrangements support the child’s stability and long‑term growth.

2. The Parents’ Ability to Meet Those Needs

Judges evaluate each parent’s:

• Capacity to provide daily care
• Ability to maintain a safe, stable home
• Understanding of the child’s needs
• Willingness to place the child’s interests first

This factor focuses on parenting quality, not income or material advantages.

3. The Child’s Relationships and Attachments

Courts look at:

• The child’s bond with each parent
• Relationships with siblings
• Connections to extended family
• Community ties, such as school or activities

Maryland prioritizes continuity and minimizing unnecessary disruption.

4. Parental Cooperation and Communication

This is one of the most influential factors. Courts assess:

• Each parent’s willingness to communicate
• Ability to make joint decisions
• History of cooperation or conflict
• Efforts to support the child’s relationship with the other parent

A parent who undermines the other parent or refuses to communicate may be disadvantaged.

5. Past Parenting Behavior

Judges consider:

• Each parent’s historical involvement
• Consistency in caregiving
• Reliability in meeting the child’s needs
• Any history of abuse, neglect, or domestic violence

6. The Child’s Preference

If the child is mature enough, the court may consider the child’s wishes. There is specific age where this might be appropriate, but older children’s preferences carry more weight.

7. Practical Considerations

Courts also evaluate:

• Each parent’s work schedule
• Distance between homes
• Transportation logistics
• Ability to follow a parenting schedule

The goal is a realistic, sustainable custody arrangement.

Why Codification Matters for Maryland Parents

Before HB 1191, parents often had to rely on case law to understand custody factors. Codification provides:

• Clarity: Parents can now read the factors directly in statute.
• Predictability: Judges across Maryland apply the same framework.
• Transparency: Parents know what evidence and behaviors matter most.
• Modernization: The law reflects today’s co‑parenting expectations, including communication and cooperation.

Protect the Best Interests of Your Children With the Help of a Qualified Maryland Child Custody Attorney

The best interest factors are a critical part of determining what is going to happen in any custody case. The court needs strong evidence that hits each of the factors to help make its decision.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.