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Few decisions in family law carry more weight than custody. When parents cannot reach an agreement about where a child will live and who will make decisions about that child’s life, the court must decide those issues for the parents. That decision is guided by a single overarching standard: the best interest of the child. But what does that actually mean, and how does a court get there?
Until recently, the answer came almost entirely from decades of case law. Maryland courts relied primarily on the factors identified in two seminal cases — Montgomery County Department of Social Services v. Sanders, 38 Md. App. 406 (1977), and Taylor v. Taylor, 306 Md. 290 (1986) — to structure their analysis. This required courts to interpret case law and the custody factors mentioned in the case law to reach their decision.
In October 2025, Maryland law regarding custody changed drastically when the “best interest factors” were codified into statute for the first time. Maryland Code, Family Law § 9-201 now sets forth sixteen (16) specific factors that a court must consider in every legal and physical custody determination. The court is also required to explain its reasoning on the record or in a written opinion — thereby giving parents and families transparency as to how the court arrived at its decision.
This article walks through each of the sixteen factors, explains what courts are really looking at in practice, and highlights some of the key areas that parents should be aware of in their custody cases.
Although the process by which the court decides custody has now changed, the “best interests of the child” standard has long been the standard in Maryland. “The driving consideration for a court’s custody determination is the best interest of the child.” Bussell v. Bussell, 194 Md. App. 137, 157, 3 A.3d 480, 492 (2010). Maryland courts have repeatedly emphasized this standard, noting that “the child’s best interest is of transcendent importance.” Gordon v. Gordon, 174 Md. App. 583, 636, 923 A.2d 149, 180 (2007). Therefore, understanding the factors which inform the court’s opinion as to what is in the best interests of the child is of critical importance.
Stability is a major consideration in every custody case. Courts look at each parent’s ability to provide a structured, safe, and child-oriented home environment. This includes stability of housing, employment, relationships, and daily routine.
Maryland courts also recognize the value of continuity in a child’s life. A parent who has historically been the primary caregiver and who can maintain a stable environment for the child will often have a strong argument for primary custody. On the other hand, a parent who cannot demonstrate stability and continuous involvement with their child may invite additional scrutiny from the court.
Maryland courts operate from the premise that children generally benefit from meaningful relationships with both parents, provided both parents can act in the child’s best interest. This factor reflects the value placed on keeping both parents actively involved in a child’s life — a factor that can directly influence the physical custody or “access schedule” that a court implements.
This factor examines each parent’s plan — and demonstrated ability — to share the responsibilities of raising a child when living in separate households. Courts recognize that when parents separate and the parenting dynamic shifts from one household to two, it is increasingly important for the parents to work together to ensure the child’s needs are met. Among other considerations, the court will look at the proactiveness of each parent in providing for the day-to-day needs of the child, as well as their medical and educational needs.
On the other hand, if the parents are unable to effectively coordinate their care of the child together, the court will and must consider this. Unfortunately, when parents cannot work together to do what is best for the child – whether due to the parents’ negative feelings towards each other or any other reason – this impacts the child’s well-being. The court will consider each parent’s ability to share in caretaking responsibilities to determine what custody arrangement is in the child’s best interests.
Courts also consider the quality of the child’s existing relationships — with each parent, any siblings, grandparents, and other individuals who are or may become important figures in the child’s life. This is not simply about who the child likes more; it reflects the importance of the child maintaining relationships with extended family members.
Maryland courts also recognize that sibling relationships deserve protection. Courts will very rarely separate siblings unless there is a strong and compelling reason to do so.
At the core of the best interest standard, ensuring the safety of the child is of paramount importance. Courts carefully examine each parent’s ability to protect the child from harm — including harm arising from exposure to domestic violence, abuse, or high-conflict dynamics between the parents.
This factor takes on heightened importance where there is a history of domestic violence or abuse. Maryland’s protective order statutes (Md. Code Ann., Fam. Law §§ 4-501, et al.) are intended to provide protection for adults and children who are victims of domestic violence. If the Respondent in a protective order case is found to have abused the other parent or child, the court will certainly take this into account when deciding custody. Even without a formal finding of abuse, evidence of a volatile or dangerous home environment will significantly influence the court’s analysis.
As any parent knows, children grow and develop over time. Taking into account the child’s current age and developmental needs, the court will consider each parent’s ability to nurture the child’s development both now and in the future. This factor can be particularly unique to each child, as every child is different and each has particular needs that the court must consider. This is particularly true if the child has any developmental disabilities or challenges which require additional support or resources to promote their development.
A parent who is actively engaged in the child’s education, extracurricular activities, and social development will generally present well on this factor. Conversely, a parent who has been disengaged from these aspects of the child’s life may have more difficulty demonstrating that they can meet the child’s developmental needs going forward.
This factor focuses on the practical, everyday realities of parenting — who handles school pickups, meals, homework, and the countless other tasks that make up a child’s daily life. It also encompasses cultural identity and religious upbringing, which can be particularly significant in families with diverse backgrounds.
To assess this factor, courts will give heavy weight to the historical involvement of each parent in performing these caretaking duties. Perhaps both parents are equally involved or one has taken on a more dominant role than the other. The answer helps identify which parent has been functioning as the primary caregiver and provides a baseline for evaluating both parents’ parenting capacity going forward.
As many parents in custody cases know all too well, the breakdown of the parties’ relationship and transition into a co-parenting dynamic can be an enormous source of stress and tension between the parties. Unfortunately, this tension can create conflict between the parents which shows in how they treat each other, speak to one another and can even affect their decision-making with respect to the child. Protecting the child from parental conflict is an extremely important priority for the court that plays a large role in deciding custody.
This factor addresses the parents’ attitudes and behaviors toward each other and toward the child’s relationship with the other parent. Courts are looking for parents who demonstrate the maturity to put the child’s interests first — even when doing so is personally difficult.
Parents who engage in parental alienation, make derogatory comments about the other parent, or otherwise involve children in adult conflict will find that behavior weighing against them. The statute specifically requires the court to consider how the parents will protect the child from the negative effects of conflict and work to maintain the child’s relationship with both parents, siblings, and other important figures.
The child’s age is significant and closely intertwined with other factors, such as their developmental needs. Younger children may have different needs for consistency and routine, while older children have their own expressed preferences, social ties, and schedules that courts take seriously. The age of the child Is also closely related to another factor — the child’s own preference — since courts are more likely to give weight to the views of a mature teenager than a very young child.
When a parent is a member of the military, the courts must consider the unique challenges presented with that parent’s potential deployment or relocation. In order to assess this factor, courts will want information regarding the history of a parent’s military deployment, any potential future deployment and the length of time that a parent is deployed. This helps the court create a custody schedule which maintains stability for the child while also taking into account the deployed parent’s military obligations.
Any existing Custody Orders, written agreements, or other agreements between the parents regarding custody carry weight with the court. Courts consider whether those prior arrangements have been honored, how they have worked in practice, and whether changed circumstances warrant modification.
Pursuant to Md. Code Ann., Fam. Law § 9-202, modification of an existing Custody Order requires a showing of a material change in circumstances. Specifically, the material change must relate to the needs of the child or the ability of the parents to meet those needs.
This factor looks at the historical division of parenting labor and how it has evolved over time. Which parent has primarily handled caregiving responsibilities? Has that division shifted — and if so, why?
Courts often hear testimony about day-to-day caregiving history: school involvement, medical appointments, bedtime routines, vacation planning, and more. Parents who can demonstrate an active, engaged, and consistent history of hands-on caregiving will present well on this factor.
Logistics matters in custody cases. The location of each parent’s home and proximity to important locations such as the child’s school significantly influences the court’s decision about physical custody. When parents live far apart from one another, the court must carefully consider the day-to-day logistics affecting the child — including transportation, the child’s schooling and activities, as well as the child’s ability to maintain relationships in both households.
Relocation cases — where one parent seeks to move with the child — can be very complex and are often directly related to this factor.
This factor is closely related to Factor 8 – minimizing conflict and shielding the child from adult conflict. The court does not require the parents to be “best friends.” However, courts do carefully analyze how the parents communicate with each other, the amount of hostility (or lack thereof) between the parents and how the health of the parents’ overall relationship will affect the child. Putting personal feelings aside and taking a child-centered approach to parenting will reflect well and strengthen a parent’s case on this factor.
Maryland courts may consider a child’s preference, but the weight given to that preference depends heavily on the child’s age, maturity, and the reason behind the preference. Maryland courts have expressly recognized that “[w]hen a child is of sufficient age and has the intelligence and discretion to exercise judgment as to his or her future welfare … those wishes are one factor that should be considered by the trial judge in determining custody.” Leary v. Leary, 97 Md. App. 26, 48 (2006).
However, it’s important to note that the court is not required to follow a child’s preference — it is one factor among many. As a child gets older and has more informed judgment, the court may give the child’s preference more weight than that of a younger child.
The final factor preserves the court’s discretion to consider anything that bears on the child’s best interest that does not fit neatly within the preceding fifteen factors. The catchall nature of this factor underscores that the court will consider any and all evidence which helps the court to determine what is in the best interests of the child.
If you are facing a custody dispute in Maryland — whether an initial determination or a modification — understanding these factors is the first step in building your case. The attorneys at Greenberg Legal Group have deep experience guiding clients through custody proceedings across Maryland, and we are available to help you evaluate your situation and develop a strategy tailored to your family’s needs.
