The Factors Maryland Courts Use to Decide Custody

Maryland decides custody on the best interests of the child. That standard is deliberately flexible, which is useful for judges and frustrating for parents, because it means no single fact decides a case and there is no formula to apply.

What follows are the considerations that phrase stands for in practice. A court weighs them together against the specific family in front of it.

The considerations

• Primary caregiver. Who has actually handled the day-to-day parenting, and for how long.
• Fitness of each parent. Physical and mental capacity to care for the child.
• Character and reputation of each parent.
• The child’s preference, weighted by age and maturity. There is no age at which a child simply chooses.
• Willingness to support the other relationship. A parent who undermines the child’s bond with the other parent is not helping their own case.
• Any prior agreements between the parents.
• Ability to maintain family relationships, including siblings and extended family.
• Age, health and needs of the child, including any special needs.
• Geographic proximity of the parents’ homes, and the effect on school and activities.
• Demands of each parent’s employment, including hours and travel.
• Length of any separation from a parent.
• Prior abandonment or surrender of custody.
• Material opportunity. Financial advantage alone does not decide custody, and the better-resourced parent does not win by default.
• Sincerity of each parent’s request. Courts notice when a custody position is a negotiating tool over money.

What tends to matter most

In contested cases, three things do disproportionate work: who has been the primary caregiver, whether each parent supports the child’s relationship with the other, and stability. Judges are attentive to continuity in school, home and routine, which is one reason temporary arrangements matter more than people expect. See temporary orders.

What does not decide it

There is no presumption favoring mothers or fathers in Maryland. Marital misconduct is not itself a custody factor, though conduct that affects the child is relevant. A bigger house does not win.

Related

• Legal custody
• Physical custody
• Parenting plans and visitation

Official resources

• Maryland People’s Law Library, child custody
• Baltimore County Circuit Court family services

Talk with a Towson attorney

The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.

This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.