Child Custody Laws in Maryland

Custody (legal custody, or decision-making authority, and physical custody, or parenting time) is decided by the child's best interest. Factors the court may consider include stability and the child's health and welfare; frequent, regular and continuing contact with parents who can act in the child's best interest; how the parents will share responsibilities; the child's relationships with parents, siblings and others; protection from conflict and violence; the child's developmental and day-to-day needs; the child's age; any military deployment; prior orders or agreements; each parent's role; the location of each home; how well the parents communicate and co-parent; and the child's preference, if age-appropriate. The court must state its findings on each factor. No specific age is set for the child's preference. A parenting plan is required in any case involving custody of a minor child.

If there is an imminent risk of substantial and immediate harm to you or your child, you can ask the circuit court for emergency custody. The procedure varies from court to court, but the emergency hearing usually happens very quickly after the request is filed. Emergency custody is a temporary order, and the case continues until a final order. It is different from temporary (pendente lite) custody, which is based on the child's best interests and is requested by filing a request for hearing and an Order for Temporary Custody and Support along with a complaint for custody or divorce.

Court programs available in custody cases include co-parenting classes and mediation, along with custody evaluations and visitation services; each county has a family services coordinator who knows which programs are offered locally. A parenting plan is required in any case involving custody of a minor child.