11/08/2025
Facing a Custody Battle in Maryland? Here is what you need to know in 2025:
So, you are a Maryland parent faced with a custody disagreement regarding your child. You are experiencing one of the most emotional and contested issues that exists in the law. Reaching a custodial agreement can be difficult and sometimes impossible. Without a settlement, these disagreements can result in a contested custody trial before a judge.
Historically, judges have had broad discretion when making a custody determination when parents cannot agree. The Maryland law requires judges to apply the ‘best interest of the child’ standard when making custody decisions. This has been a subjective process where the judge would apply common sense and experience. Throughout the years, many appellate court decisions have given more objective direction to trial judges in specific factual circumstances. However, there was not a legislatively established framework for making custody decisions… that is until now.
Custody Terms- Know what they mean
But first, we should establish some terms that will assist in understanding custody disputes. Many people carry misconceptions and misunderstandings regarding custody terms. Even a basic understanding about custody can be difficult because the common use of incomplete and confusing terms in ordinary conversation. In order to make child custody terms universal, we only use three word terms when discussing the issue; terms like
Sole Legal Custody, or Shared Physical Custody. Using two word terms like Joint Custody or Sole Custody are incomplete and do not relay sufficient information to the listener; resulting in confusion and misunderstanding.
The first step in understanding custody in Maryland is to learn the distinction between the two different types of custody which apply to children – Legal Custody and Physical Custody. Both types of custody apply to every child.
Legal Custody is how the law defines decision making on behalf of a child. It defines the role a parent has in making decisions which affect a child’s health, education, and spiritual life. There are two specified types of Legal Custody – Sole Legal Custody and Joint Legal Custody. Figuring out which Legal Custody circumstance is best for your child can be difficult for some, but in the vast majority of circumstances, Joint Legal Custody is indicated. Joint Legal Custody is when both parents equally contribute to the decision making process. Sole Legal Custody in contrast is when one parent alone has the right and obligation to make these decisions on behalf of the child.
Physical Custody is more technical to determine. However, which term applies is directly related to the number of overnights a child spends with a parent. The analysis conducted by the court to determine which Physical Custody term applies to a case is a simple mathematic process which will result in the finding of Sole Physical Custody, Shared Physical Custody or in much more rare circumstance Split Physical Custody. While the ‘overnights math’ can be simple, the process of making a physical custody determinations is complex. That complex process has now been clarified and potentially simplified by the Maryland Legislature in a law that went into effect on October 1, 2025.
Changes in the Law in 2025
These changes in the law can be found in Family Law Article Section 9-201 and describe sixteen (16) factors a judge may consider when making both Legal and Physical Custody decisions. With this new law, custody decisions must explicitly address the enumerated factors which provide judges a roadmap for the evaluation of factual circumstances in each case. These factors must be openly considered by the judge and the decision must outline each factor.
Some of the factors found in the new law include:
• the stability and the foreseeable health and welfare of the child
• the child's relationship with each parent, and others
• physical and emotional security and protection from conflict and violence
• developmental needs of the child
• the day-to-day needs of the child
• the age of the child
• the location of each parent's home
• the parents' relationship with each other
• the child's preference, if age-appropriate
• and other factors that the court may consider appropriate in determining how best to serve the physical, developmental, and emotional needs of the child
Even with this new structure for the decision making process for the Court, the complexity and nuance necessary to navigate a custody disagreement can be much clearer and successful when the services and advice of a seasoned family law attorney is available and engaged.
Contact a Custody Lawyer
If you or someone you care about is faced with a custody disagreement, the Law Office of Kenneth A. Bogdan has been handling family law cases including, custody, divorce, support and domestic violence for nearly three decades. Please reach out to schedule a free consultation and develop a plan for the way forward in your legal process. (410)893-6633 or [email protected].
