What You Need to Know About Maryland’s New Custody Law Changes

Effective October 1, 2025, Maryland has enacted sweeping changes to its child custody laws through House Bill 1191 (HB1191) and Senate Bill 548 (SB548). These legislative updates mark a significant shift in how courts determine legal and physical custody, offering greater transparency, predictability, and structure for families navigating custody disputes. If you are involved in a custody case in Maryland, understanding these changes is essential.

At RPM Law, our Maryland family law attorneys can help you handle child custody issues you face. Schedule a consultation to get started. 

Codification of Custody Factors

Historically, Maryland courts relied on case law to determine what was in the “best interest of the child.” The new law codifies these considerations into statute, providing a clear list of 16 factors that courts must evaluate when making custody determinations.

These factors include:

• Stability and the foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interest;
• Whether and how parents who do not live together will share the rights and responsibilities of raising the child;
• The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
• The child’s physical and emotional security and protection from exposure to conflict and violence;
• The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
• The day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
• How to:
  • Place the child’s needs above the parents’ needs;
  • Protect the child from the negative effects of any conflict between the parents; and
  • 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;
• The age of the child;
• Any military deployment of a parent and its effect, if any, on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;
• The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;
• The parents’ relationship with each other, including:
  • How they communicate with each other;
  • Whether they can co-parent without disrupting the child’s social and school life; and
  • How the parents will resolve any disputes in the future without the need for court intervention
• The child’s preference, if age-appropriate; and
• Any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child

By codifying these standards, Maryland aims to make custody decisions more consistent and understandable for families.

Clearer Guidelines for Custody Modifications

Under the new law, courts may modify existing custody or visitation orders if there is a “material change in circumstances.” This includes changes that affect the child’s needs or a parent’s ability to meet those needs, such as relocation, health issues, or significant shifts in the child’s environment.

Judges must now explain their reasoning on the record, helping families understand why a custody arrangement was changed or upheld. This requirement promotes transparency and accountability in judicial decision-making.

What This Means for Maryland Families

These custody law changes are designed to:

• Provide clarity and consistency in custody decisions
• Encourage cooperative parenting and reduce conflict
• Protect children from harmful environments
• Help families better prepare for custody proceedings

Get Help With Custody Issues in Maryland

If you are involved in a custody case or considering legal action, it is crucial to consult with a family law attorney familiar with Maryland’s updated statutes. These changes could significantly impact your case strategy, outcomes, and long-term parenting arrangements.

Our team at RPM Law can assist you with your family law needs. Contact us today for a consultation.