Maryland Child Custody Laws

Parents must agree on child custody when they separate. This includes how they will make major decisions about their child (legal custody) and sharing time with their child (parenting time, timesharing, or physical custody, depending on the state). If parents can't agree, courts will decide the best plan based on state child custody laws.

All states, except Massachusetts, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In Maryland, joint custody is an option for separated parents, and the state recognizes grandparents' visitation rights. Maryland doesn't consider the wishes of the child in custody matters. But, a child of at least 16 may petition the court for a change of custody.

This article offers a summary of child custody laws in Maryland.

Types of Custody in Maryland

In Maryland, custody of a child includes legal custody and physical custody.

• Legal custody is the right to make significant decisions about the child's life, including education, health care, and religious upbringing. It can be sole legal custody to one parent, giving them exclusive decision-making authority. Or it can be joint legal custody for both parents, allowing them to share decision-making responsibilities.
• Physical custody is where the child lives and the day-to-day care they get. This can be sole physical custody, where the child resides primarily with one custodial parent, while the non-custodial parent may have visitation rights. It can also be joint physical custody, where the child splits time between living with both parents according to a co-parenting schedule.

Maryland courts base custody decisions on the child's best interests. Judges consider factors such as the child's relationship with each parent, the stability of home environments, and each parent's ability to meet the child's needs.

Child Custody Statutes in Maryland: Chart

Learn more about Maryland's child custody laws in the chart below. You can also visit FindLaw's Child Custody section for more articles on this topic.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Maryland Custody Hearings

A Maryland child custody hearing is a legal proceeding in which a judge decides the best custody arrangement for a child. During this proceeding, the court focuses on the child's best interests. The custody process begins with a complaint for custody filed by one or both parents.

During the hearing, both parents present evidence and testimonies. These are about their involvement in the child's life, home environment, and decision-making capabilities. The court considers factors such as:

• The child's relationship with each parent
• The stability of each home
• Any history of domestic violence

The outcome of the custody case results in a court order or custody order that establishes a parenting plan. The parenting plan outlines the custody arrangement and visitation schedule. This custody agreement may include sole legal custody, joint legal custody, sole physical custody, or joint physical custody.

The court's decision aims to support the child's well-being and ensure a stable, nurturing environment. The final custody decision is legally binding.

Get Legal Help with Child Custody

Trying to sort out child custody matters at the end of a relationship can be emotionally and legally difficult. If you would like legal advice on a child custody matter, you can contact a Maryland family law attorney near you.