If you’re researching child custody lawyers in Maryland right now, there’s something you should know before anything else: the legal framework judges use to decide custody just changed. As of October 1, 2025, Maryland custody factors are, for the first time, written directly into statute — not just built up through decades of case law.
The Old Standard: Case Law Factors
For nearly 40 years, Maryland judges leaned primarily on two landmark cases:
- Montgomery County v. Sanders (1978) — established roughly ten non-exclusive factors courts could weigh, including fitness of the parents, the child’s preference, the length of separation from a parent, and prior voluntary abandonment.
- Taylor v. Taylor (1986) — added factors specific to joint custody determinations, with particular weight on the parents’ capacity to communicate and reach shared decisions.
These weren’t written into any statute — they came entirely from appellate court opinions, which meant outcomes could vary depending on how a given judge interpreted and weighed them.
The New Standard: Codified Factors (Family Law Code § 9-201)
Effective October 1, 2025, the Maryland legislature codified custody factors directly into Family Law Code § 9-201, applying to all legal and physical custody determinations (with an exception where there’s evidence of intrafamily abuse). Factors confirmed in the new statute include considerations such as:
- The stability and foreseeable health and welfare of the child
- Frequent, regular, and continuing contact with parents who can act in the child’s best interest
- The child’s developmental needs — including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual/cognitive growth
- The day-to-day needs of the child
- The parents’ capacity to communicate and share decision-making responsibility
This list reflects the factors we were able to confirm — the statute contains additional factors not listed here. Your attorney can walk you through the complete list and how it applies to your specific case.
Why This Matters If You’re Choosing Representation Right Now
A codified statute doesn’t erase decades of case law — judges and attorneys will likely still reference Taylor and Sanders for context — but it does mean the framework for arguing your case has shifted. An attorney whose custody strategy is still built entirely around the old case-law factors may not be presenting your case the way courts are now instructed to evaluate it.
This is exactly the kind of legal-landscape shift where experienced, current representation makes a real difference — not just in general, but specifically in how your case gets framed from day one.
If you’re evaluating which type of custody attorney fits your situation, see Custody Lawyer Variations: Finding the Right Legal Support for Your Custody Case.
Talk to Houlon Berman
Whether you’re just starting a custody case or modifying an existing order, it’s worth understanding how the new factors apply to your situation. Consultations are free.
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