Types of Child Custody in Maryland: Learn What You Need to Know

If you have kids with your ex or soon-to-be ex-spouse, child custody concerns are on your mind. Determining custody is a complex process focused on the best interests of your children. The factors for determining best interests changed in 2025. You will also want to know what types of child custody arrangements exist under Maryland law and how they can affect your family moving forward. 

At RPM Law, our Maryland child custody lawyers can help with your divorce and any post-decree you face. We help you protect your children and their best interests. Speak with us today about whatever you are going through.   

Does the Law Favor the Father or the Mother?

Maryland law does not favor either the father or the mother in a custody dispute. Maryland court’s decide custody based on the best interests of the children. Prior to the recent changes in 2025, the factors the court used were based in prior case law. Now, a new law codifies these changes and what the court considers in making its decision.

The court uses these legal factors and examines them against your lives. Generally, the court presumes that both natural parents are fit and should parent their children. Utilizing the factors and the unique aspects of your reality, the court will fashion an appropriate custody order.

Will the Court Accept an Agreed Upon Custody Arrangement?

Court’s will lend weight to any agreement the parties think will work well for them, but it ultimately considers whether the proposed plan is in the best interests of the children. If it is, the court will likely accept it. If not, the court might suggest something different or order a custody arrangement itself. 

Your attorney can help you navigate this aspect of a divorce.

Types of Child Custody in Maryland

There are several types of child custody in Maryland, not all of which can be listed here. Some have several variations within them, or may not be applicable in your situation. Consult your attorney about the specifics of your child custody situation.

Emergency Custody

Emergency custody only occurs if there is a risk of substantial and immediate harm to the child which requires an emergency order. The process to request such an order can vary, so it is critical to speak to an attorney if you are in this situation. 

Joint or Shared Custody

Joint custody means that the parents have shared responsibilities regarding the children. This does not necessarily mean that each has equal power or time with the children, but it also can. This type of custody also breaks down into two other categories.

If parents share joint legal custody, they both collaborate on major decisions about the child. This includes their educational, medical, and religious decisions. The court might pick a “tie-breaker” if the parties can’t agree.

In joint physical custody, the parents split time with the children on a shared basis. Some families have a true 50/50 schedule, while others might choose something else that works best for the family. 

Sole Custody

Sole custody refers to a parent that has exclusive physical or legal responsibility of the child. A parent may have sole custody over both legal and physical aspects of the children, or it may have only one of the two separate categories of sole custody.

Sole legal custody refers to a parent’s ability to make legal decisions about the child. Sole physical custody refers to a parent’s exclusive possession of the child, to the exclusion of the other parent. Some parents may share physical custody while only one has legal custody. There can also be variations and limitations built in to this type of custody arrangement your attorney can more fully explain.

Speak with a Maryland Child Custody Attorney for Help

Child custody is complex and nuanced. Even this page cannot capture every variation or possibility, so it is crucial you consult an experienced Maryland custody attorney for help. Whether you are ready for a divorce, or if you need help with a post-decree custody matter, we are here to help. Our team at RPM Law is well-prepared for your custody questions or concerns. Contact us today for a consultation.