Maryland custody law just changed in a way that will affect every parent involved in a custody case—whether you’re negotiating access schedules, litigating in a high-conflict separation, or considering whether a recent ruling is worth appealing.

As of October 1, 2025, Maryland now has a codified list of “best interests of the child” factors that judges must consider in every custody and visitation decision, thanks to House Bill 1191, now enacted as Md. Code, Fam. Law § 9-201.

For decades, Maryland relied on a patchwork of appellate decisions and judge-by-judge practice to determine what “best interests” meant. Now, the rules are written down. That clarity changes how custody trials are litigated—and how custody decisions are challenged on appeal.

This article explains what the new law does, what parents should expect in future custody battles, and how these changes fit into Maryland appellate practice moving forward.

What Exactly Changed? Maryland Codifies the Best-Interests Standard

Under § 9-201, Maryland courts must now evaluate a detailed list of statutory factors when determining legal custody, physical custody, and visitation.

This is a major shift. Previously, the “best interests” test came from case law. Judges followed it, but interpretations varied. Now the factors are not optional, not implied, and not hidden in casebooks—they are expressly required by statute, giving parents and lawyers a far clearer roadmap.

The law took effect October 1, 2025, which means every custody decision after that date is governed by the new statutory framework.

The New Best-Interests Factors: What Judges Must Consider

The statute contains sixteen factors, but they fall into the following practical categories:

1. The Child’s Stability, Safety, and Well-Being: Courts must consider the child’s physical and emotional security, the home environment, and protection from conflict or violence.

2. The Child’s Relationships and Attachments: Judges evaluate the child’s relationship with each parent, siblings, relatives, and other important people.

3. Parenting Ability and Co-Parenting Function: This includes each parent’s capacity to meet daily needs, communicate effectively, and follow court orders without exposing the child to adult disputes.

4. The Child’s Developmental Needs and Preferences: Courts must consider age-appropriate developmental concerns and, when suitable, the child’s own stated preferences.

You don’t have to win every factor. Custody is still a global “best interests” determination. But evidence must now clearly tie into these statutory categories—a change that will significantly influence how custody trials are conducted.

How the New Law Affects Your Custody Case

1. Evidence Must Be Organized Around the Statute:

Parents and lawyers must shift from vague “I’m the better parent” narratives to factor-specific evidence. Judges will expect testimony, documents, and practical examples tied directly to the statutory list.

This gives parents more predictability and judges more structure—but it also gives lawyers far less room to wing it.

2. Judges Must State Their Findings on the Record

One of the most consequential pieces of § 9-201 is that courts must explicitly articulate their reasoning on the factors—either orally or in writing.

This increases transparency and makes it easier to understand why the court ruled as it did.

It also has a major impact on appeals.

How Maryland’s New Custody Law Interacts With Appeals

Custody decisions in Maryland have always been difficult to overturn because appellate courts defer heavily to the trial judge’s discretion. But the new statute changes the landscape in subtle but important ways.

1. Failure to Address a Required Factor Is Now Appealable

Because the factors are mandatory, a judge who skips one—or gives no explanation whatsoever—invites appellate review.

In Maryland appellate practice, appellate lawyers will now be examining custody decisions for whether the trial court:

• Addressed the required statutory factors.
• Applied them reasonably.
• Explained the basis for its decision in the record.

This creates new, clearer pathways for challenging a flawed ruling.

2. The Record Now Matters Even More

As always, the record defines the case on appeal. But with § 9-201, the appellate court will have a straightforward checklist of what the judge should have considered.

If the trial judge’s findings contradict the evidence, ignore a key factor, or rely on improper considerations, those issues can now be litigated more effectively in an appeal.

3. Preservation Still Matters

If the court refuses to consider relevant evidence, misapplies the standard, or glosses over necessary findings, objections must be raised at trial.

Preservation remains the gatekeeper for most appellate issues—something parents often don’t learn until it’s too late.

When Parents Should Consider a Custody Appeal

Not every disappointing outcome is worth appealing. But you should at least explore your options when:

• The judge failed to address one or more statutory factors.
• The written ruling conflicts with the evidence.
• The court punished lawful relocation without applying the required best-interests analysis.
• The judge focused on a factor that the statute does not support.
• The decision appears arbitrary or lacks explanation.

A consultation with an appellate lawyer can help determine how § 9-201 applies to your specific ruling.

What Maryland Parents Should Take Away

Maryland has moved from a purely common-law “best interests” framework to a codified statutory model. This change means:

• Custody litigation will be more structured and predictable.
• Judges must explain their reasoning in greater detail.
• Appellate courts now have clearer metrics for reviewing custody decisions.
• Parents in a custody case have more insight into what truly matters.

Custody is one of the most consequential issues in family law. Maryland’s new statute doesn’t make decisions easier, but it does make the law clearer. And clarity, in family court, is a long-overdue improvement.

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