Maryland House Bill 1191 Names Specific Factors Judges Will Use in Custody Decisions

 Posted on September 30, 2025 in Family Law

Until the beginning of next month, judges in Maryland have based decisions about child custody on the "best interest of the child" standard. While this is a strong and well-established idea, it is somewhat ambiguous. Maryland House Bill 1191 comes into effect on October 1, 2025, and gives a clear list of exactly which factors judges should use when making a parenting plan for a child. 

In addition, House Bill 1191 also codifies the standard that judges should use when deciding whether an existing child custody order should be changed. To learn more about these laws, read this blog and then get in touch with one of our Arnold, MD child custody attorneys for help with your case. 

What Factors Will Maryland Judges Use When Making Child Custody Decisions? 

Parents in Maryland are encouraged to create their own parenting plan that settles physical and legal custody issues outside of court. When this is not possible, judges will make the decision for them based on a series of factors now codified in law. 

Before noting the factors that judges may consider in child custody cases, parents should know that the last item on the list allows judges to use any factor that is appropriate for helping the judge decide what is in the best interest of a child. The list of factors in House Bill 1191 includes, but is not limited to: 

• The age of the child 

• The day-to-day needs of the child, such as food, shelter, education, and socialization 

• The child’s developmental needs 

• The stability and future welfare of the child

• The child’s physical and emotional safety, including protecting the child from exposure to violence and other forms of conflict 

• Frequent, regular, and continuing contact with parents who act in the child’s best interests 

• How the parents will share responsibilities for the child 

• The child’s relationship with each parent, sibling, and other people in the child’s life 

• The best way to place the child’s needs above the parents’ needs

• Whether the child has a parent on a military deployment

• The location of each parent’s home, and how it affects the parents’ ability to coordinate things like visitation, school, and other activities 

• How well the parents get along with each other

• What the child wants 

When judges issue their decision about child custody, they must explain their decisions in a written or oral opinion on the record, including which factors were considered.

"Material Change in Circumstances" and Changing Custody Arrangements

One of the universal experiences for parents is amazement at how quickly kids grow. When kids get older and change, custody arrangements frequently need to change as well. As of October 1, Maryland law says that the court needs to determine that there has been a "material change in circumstances" before it can change a custody order. The one specific change the law mentions is a parent’s decision to move far enough away that the existing parenting plan is not workable anymore. 

Other changes in circumstances might include one parent getting a new job with a significantly different schedule, or one parent getting remarried to someone the child does not get along with. Whatever the situation may be, judges will again look at the above list of factors when determining the child’s best interest. If the proposed custody change would be in the child’s interest, only then will the court approve it. 

Contact an Easton, MD Child Custody Lawyer Today 

At Zide Law Group, LLC, we stay on top of every change in the law that has the potential to affect your family. If you are considering divorce or want to ask the court to change your custody schedule, we will help you understand these new laws and what they mean for you. Contact us today at 410-760-9433 to schedule a confidential initial consultation. Our Arnold, MD family lawyers have more than 50 years of combined experience. We work with divorce, custody issues, child support, and more. Call us now.