Maryland’s New Child Custody Laws: What Parents Need to Know Starting October 1, 2025
Maryland families navigating child custody disputes will see significant changes this fall. On October 1, 2025, new statutory sections go into effect, specifically, Md. Family Law Code Ann. § 9-201 and 9-202, establishing clearer guidelines for how courts determine legal and physical custody.
What Do the New Laws Do?
The new statutes formally set out a list of factors Maryland courts may consider when deciding custody. While courts have long applied a “best interest of the child” standard and considered factors set out in case law, these statutes provide more transparency by stating those considerations in one place. Judges must continue to explain their findings on the record or in writing, ensuring decisions are clear and based on identifiable criteria.
Key Factors Courts Will Consider
Under these new statutes, courts may look at:
The stability and foreseeable health and welfare of the child;
The importance of frequent, regular, and continuing contact with parents who can act in the child’s best interest;
Whether and how parents plan to share the rights and responsibilities of raising the child;
The child’s relationship with each parent, siblings, other relatives, and significant individuals;
The child’s physical and emotional security, and protection from conflict and violence;
The child’s developmental needs, including safety, emotional security, self-image, and intellectual growth;
The daily needs of the child, including education, health, socialization, culture, and religion;
How to place the child’s needs above the parents’ needs and protect the child from the negative effects of parental conflict;
The child’s age and, if appropriate, their preference;
The impact of any military deployment on parenting and the parent-child relationship;
Prior court orders or agreements;
Each parent’s role and involvement, and how it may have changed;
The location of each parent’s home, and how it affects coordination of parenting time, school, and activities;
The parents’ relationship with one another, including their ability to communicate and co-parent effectively without disrupting the child’s life; and
Any other factor relevant to the child’s best interest.
Changes to Modification Rules
The law also clarifies when custody or visitation orders can be modified. A court may change an order if there has been a material change in circumstances relating to the child’s needs or the parents’ ability to meet those needs. The law now makes clear that a parent’s proposal to relocate in a way that makes existing physical custody impractical constitutes a material change in circumstances.
Why This Matters
For parents involved in custody disputes, or considering modifications to an existing order, these laws bring much-needed clarity. Courts will follow a consistent framework, and parents will better understand what factors judges will weigh. It also reinforces the need for parents to focus on their child’s well-being, not their own disputes.
How We Can Help
At Zadjura Family Law, we guide clients through custody and visitation matters with empathy, practicality, and an eye toward resolution. If you are navigating a custody matter or thinking about requesting a modification, contact us to schedule a consultation. We are here to help you protect your child’s best interests.
