Maryland is set to implement a major update to its child custody laws with the passage of House Bill 1191, taking effect October 1, 2025. The law introduces a clear framework for courts to follow when deciding legal and physical custody, aiming to improve consistency, transparency, and child-focused outcomes in family law cases.
Structured Decision-Making
HB 1191 outlines 16 factors courts may consider in custody cases. These include the child’s physical and emotional needs, stability, relationships with parents and siblings, parental communication and cooperation, the impact of conflict, and the child’s preference (if appropriate). Courts must now explain their reasoning, either on the record or in writing, ensuring families understand how decisions are made.
Updated Standards for Modifying Custody
The bill also modernizes how custody or visitation orders can be changed. A court may modify an order if there’s a “material change in circumstances” that affects the child’s needs or either parent’s ability to meet them. Relocation by one parent that disrupts custody is now explicitly included as a material change.
Ongoing Protections
HB 1191 preserves strong protections in cases involving abuse, neglect, or violence. Courts must deny custody or unsupervised visitation to abusive parents unless it can be shown the child is not at risk. Supervised visitation remains an option if it ensures the child’s safety and well-being.
Why This Matters
HB 1191 brings greater predictability and fairness to custody decisions by ensuring judges consider a full range of relevant factors and explain their decisions. It marks a meaningful shift toward more child-centered outcomes in Maryland family courts.
For clarify on this newest piece of Maryland legislation, contact our office (410) 842-1070, info@wassermanwhite.com, or visit wassermanwhite.com/intake.