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What Factors Do Courts Consider When Deciding Child Custody in Maryland?

Written by Z Family Law | Oct 20, 2025 8:38:25 PM

In Maryland, courts focus on the best interests of the child when making custody decisions. Key factors include the child's safety, emotional bond with each parent, and each parent's ability to cooperate with the other. Understanding these factors can help parents through the custody process effectively.

Key Takeaways:

  • Maryland courts prioritize the safety and well-being of the child above all else.

  • The relationship between the child and each parent is a significant factor in custody decisions.

  • Parents' ability to communicate and co-parent effectively is a crucial consideration.

If you're navigating a divorce or separation in Maryland and have children, child custody will likely be one of your most pressing concerns. Maryland courts, like those in many states, have a detailed process for determining custody based on what is in the best interests of the child. As a family law firm with extensive experience in Maryland, Z Family Law understands the importance of knowing the factors courts consider when making custody decisions.

This blog will explore the various factors Maryland courts evaluate when deciding on child custody arrangements, including the child’s emotional and physical needs, each parent's ability to co-parent, and more. By understanding these factors, parents can make informed decisions about their child's future.

Disclaimer: This article is current as of October, 2025 and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today. 

1. The Best Interests of the Child

Maryland law mandates that custody decisions be based on the best interests of the child. This broad standard takes into account numerous factors, such as the child's emotional, physical, and psychological well-being. The primary goal of the court is to establish a custody arrangement that supports the child's needs and ensures a stable environment, while maintaining relationships with both parents, as long as it is safe to do so.

When determining what is in the child's best interests, the court will consider a variety of factors to decide if and how each parent can best meet those needs.

2. The Child’s Safety and Welfare

One of the most significant factors in a custody decision is safety. If there are allegations of abuse or neglect, the court will take them seriously and conduct a thorough investigation. Such an investigation includes reviewing any claims related to the child’s physical or emotional safety in either parent’s care.

The court may appoint a best interest attorney to evaluate each parent's home environment and provide recommendations regarding custody arrangements. Safety concerns such as domestic violence, substance abuse, or neglect will significantly impact the custody decision.

3. The Emotional Bond Between the Child and Each Parent

Another crucial factor in Maryland custody decisions is the emotional bond between the child and each parent. Courts recognize that children benefit from strong relationships with both parents and will often try to maintain those bonds, provided there are no safety concerns.

If a child has a particularly strong emotional bond with one parent, this could influence the court’s decision. The court will look at how involved each parent has been in the child’s life, providing emotional support, daily care, and meeting the child’s emotional needs.

4. The Child’s Preferences

In some cases, the child’s preferences can influence the custody decision. However, Maryland law does not automatically give the child’s wishes precedence. The child must be of sufficient age and maturity to express a reasonable preference, and the court will evaluate whether that preference is truly in the child’s best interests.

Older children are generally given more weight in their preferences, though the court will assess whether the child fully understands the consequences of their choice. For younger children, the court may place less importance on their preferences but will still consider the child's emotional state.

5. Each Parent's Ability to Provide a Stable Home

Maryland courts also evaluate each parent’s ability to provide a stable, supportive home environment. Criteria for a supportive home include the arrangements of the home (e.g., will the child(ren) have their own bedrooms?, etc.), the consistency of care, and the financial stability of each parent. Courts want to ensure the child’s basic needs will be met in a stable, nurturing environment.

Factors that may be considered include the parent’s living situation, job stability, and the presence of extended family members who can offer additional support.

6. Parental Cooperation and Ability to Co-Parent

In Maryland, cooperation between parents is a critical factor in custody decisions. Courts will evaluate each parent’s willingness and ability to collaborate and make decisions together in the best interests of the child. Courts generally favor parents who can communicate effectively and share responsibilities related to their child’s upbringing.

Parents who are hostile or unwilling to cooperate may receive less custodial time or a less favorable arrangement. In extreme cases, if one parent undermines the other parent’s relationship with the child or refuses to communicate, this can negatively affect the custody decision.

7. The Parent’s Role in the Child’s Life

The role each parent has played in the child’s life is another key consideration in Maryland custody cases. Courts will look at how involved each parent has been in the child’s day-to-day activities, such as providing care, helping with education, attending medical appointments, and offering emotional support.

If one parent has been the primary caregiver, that will often be a deciding factor. However, Maryland courts recognize that both parents can share responsibility for the child, and they often encourage shared custody arrangements that allow both parents to play an active role in their child’s life.

8. The Parent’s Health and Fitness

Finally, the health and fitness of each parent is considered. If a parent’s physical or mental health would impair their ability to care for the child, this could influence the court’s decision. Physical and mental health are important factors in determining whether a parent can provide a safe and stable environment for the child.

Z Family Law Can Guide Your Family Through the Custody Process

At Z Family Law, we understand the complexities of child custody cases in Maryland. Our compassionate and knowledgeable team is dedicated to helping families work through difficult custody disputes with clarity and care. Whether you are seeking sole custody, joint custody, or a co-parenting arrangement, our goal is to help you reach an outcome that serves your child’s best interests. If you are ready for professional help with your child custody case, contact us today to schedule a free case evaluation