A Quick Take on Maryland’s New Custody Factors

During the 2025 Legislative Session in Maryland, new custody factors were discussed, agreed upon, and ultimately signed into law by Governor Moore.  Currently, House Bill 1151/Senate Bill 548 provides for sixteen (16) “new” custody factors.  Previously, the courts have relied upon two (2) seminal cases Montgomery County v. Sanders, 38 Md. 406 (1978) and Taylor v. Taylor, 60 Md. 268 (1984).

Ultimately, the two (2) cases cited above set forth factors that were to be considered in determining the best interest of the child when making a custody determination.  The “new” factors are meant to provide courts with additional guidance in how to make a best interest determination.  While we don’t know how courts will interpret these new factors, we can certainly speculate how this could be impactful on certain future decisions.  The “new” factors are set forth below:

1.  Stability and the foreseeable health and welfare of the child;
2.  Frequent, regular, and continuing contact with parents who can act in the child’s best interest;
3.  Whether and how parents who do not live together will share the rights and responsibilities of raising the child;
4.  The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
5.  The child’s physical and emotional security and protection from exposure to conflict and violence;
6.  The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
7.  The day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
8.  How to:
   1. Place the child’s needs above the parents’ needs;
   2. Protect the child from the negative effects of any conflict between the parents; and
   3. 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;
9.  The age of the child;
10.  Any military deployment of a parent and its effect, if any, on the parent-child relationship;
11.  Any prior court orders or agreements;
12.  Each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;
13.  The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;
14.  The parents’ relationship with each other, including:
    1. How they communicate with each other;
    2. Whether they can co-parent without disrupting the child’s social and school life; and
    3. How the parents will resolve any disputes in the future without the need for court intervention
15.  The child’s preference, if age-appropriate; and
16.  Any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child

It seems as if the primary function of the implementation of these factors is to allow the courts to consider more information when making a custody determination, as well as to, in some ways, merge legal custody with physical custody.  Specifically, factor fourteen (14) allows the court to consider the parents’ relationship with each other.  Perhaps this will mean that courts now consider the parties’ inability to communicate and make joint decisions, which was historically related to legal custody, now have an impact on physical custody.   Similarly, factor three (3) allows the courts to consider how parents will share the rights and responsibilities of raising a child.  Again, legal custody ideas seem to be more enmeshed in physical custody determinations.

Ultimately, as the law has been since the Taylor case, the courts can consider any factor that it deems appropriate.  So, in reality, the “new” factors don’t necessarily change the law one bit, as the court has historically, and still does, have the ability to consider any factor that it sees fit.  However, the fact that the Legislature set forth specific new factors likely means that there will be some impact on court decisions.  It will be interesting to see how our courts implement these factors.

Stay tuned for more updates when decisions start rolling in!