How Maryland’s New Custody Law Increases Access to Justice
On October 1, 2025, a new law impacting child custody determinations went into effect in Maryland. House Bill 1191 (now codified as Family Law § 9-201) codifies the “best interests of the child” standard and, in doing so, creates a more transparent and equitable legal framework that will directly increase access to justice for parents across the state.
House of Ruth Maryland, the Maryland Judiciary, Maryland Coalition Against Sexual Assault, Women’s Law Center, Maryland Network Against Domestic Violence, and MSBA’s Family Law Section Council urged the House Judiciary Committee to report favorably on House Bill 1191.
Clarity and Predictability for All Parents
For decades, Maryland judges relied on a list of “best interests” factors drawn from case law rather than a single statute, which could make the standard feel like a “moving target”. This lack of a single, clear, accessible statute meant that the definition of “best interests” could vary, making it difficult for parents, especially those without legal representation, to understand precisely how a court would evaluate their case. Family Law § 9-201 changes this by setting forth a list of 16 specific factors that courts must now consider when determining legal and physical custody.
This codification provides a much-needed and transparent framework for both parents and judges. Parents, lawyers, and judges can now all refer to the same list of factors, fostering consistency and greater predictability across jurisdictions about how a judge will assess a matter. This knowledge is a powerful tool for self-represented individuals, as parents are now empowered to better anticipate a court’s focus and to consider the potential risks and benefits of litigation versus settlement.
A Focus on the Child’s Modern Needs
Family Law § 9-201 is more than just a codification; it expands on the prior case law factors. The new factors are described as being more child-focused, incorporating modern considerations that reflect how families operate today. The list emphasizes the child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth. Crucially, the law stresses the protection of the child from exposure to conflict and violence. Furthermore, the statute specifically addresses parents’ ability to communicate, their co-parenting without disrupting the child’s social and school life, and how they will resolve future disputes, encouraging healthier, less costly out-of-court resolutions. This child-centered approach ensures that the focus remains on the child’s well-being, placing the child’s needs above the parents’ needs.
Mandatory Findings for Accountability
Perhaps the most significant change for access to justice is the requirement that the court must articulate, verbally or in writing, its consideration of each of the factors listed in the statute, as well as any other factor considered. This requirement, which will lead to a clearer and more standardized record, moves family law toward greater transparency and accessibility. In the past, judges had broad discretion, but this new rule ensures accountability, as judges must demonstrate that they have thoroughly and explicitly considered every element of the new law. Furthermore, parents receive a clear record of the reasoning behind the custody decision, helping them understand why the outcome was reached. This detailed record makes it easier for parents to assess whether a decision was fair and provides a clearer foundation should an appeal become necessary, ultimately making the legal process more navigable for everyone.
A Clear Standard for Modifications
The new law also clarifies the standard for modifying a custody order. A court is now explicitly authorized to modify a custody or visitation order if it determines that there has been a material change in circumstances since the original order was issued, and that the change relates to the child’s needs or the parents’ ability to meet those needs. Additionally, the court must find that modifying the order is in the best interest of the child. The law specifically states that a parent’s proposal to relocate the parent’s or the child’s residence in a way that would make physical custody impracticable constitutes a material change in circumstances. This statutory clarification provides greater certainty for parents contemplating a change in their arrangement, thereby reducing ambiguity and facilitating better access to the process for seeking necessary modifications.
By moving the standard from decades of case law into a single, comprehensive statute, Family Law § 9-201 provides a much-needed roadmap for navigating custody disputes, making the legal system more transparent and accessible for all Maryland families.