Md. Code Ann., Fam. Law § 9-201
Factors for determining child custody and visitation; findings of fact
Effective Oct 1, 2025Added by Acts 2025, c. 483, § 1, eff. Oct. 1, 2025; Acts 2025, c. 484, § 1, eff. Oct. 1, 2025.State of Maryland
(a) Subject to the provisions of §§ 9-101, 9-101.1, and 9-101.2 of this title, in determining what legal custody and physical custody is in the best interest of a child, the court may consider the following factors:
- (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:
- (i) place the child's needs above the parents' needs;
- (ii) protect the child from the negative effects of any conflict between the parents; and
- (iii) 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:
- (i) how they communicate with each other;
- (ii) whether they can co-parent without disrupting the child's social and school life; and
- (iii) 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.
- (b) The court shall articulate its findings of fact on the record or in a written opinion, including the consideration of each factor listed in subsection (a) of this section and any other factor that the court considered.
Added by Acts 2025, c. 483, § 1, eff. Oct. 1, 2025; Acts 2025, c. 484, § 1, eff. Oct. 1, 2025.