Maryland lawmakers passed a law in early 2025 that established 16 factual questions or factors that are to be used by Maryland divorce court judges when deciding child custody questions. See the media report here and see the text of the new statute here. The new law’s effective date is October 1, 2025.

In practice, divorce court proceedings will not change too much since judges have routinely used about 12 to 13 factors when considering child custody matters. The previous list of factors was based on various decisions and holdings of Maryland appellate courts. The new statutory list includes many of the court-determined factors and makes some additions. Further, the new statute does not impact or change the basic legal standard. The legal standard remains the “best interests of the child.” Previously, the purpose of evaluating the court-determined factors was to assist in the task of determining what was in the best interests of the child. The new statutory factors will not change this.

If you have questions about child custody in Maryland divorce cases, contact us here at the Law Office of Robert Castro. Please call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland, and offer divorce, child custody, and family law legal services for communities in Calvert County and other parts of Southern Maryland.

Here is the new list of factors that Maryland divorce courts must use when evaluating legal and physical child custody decisions:

• Stability and the foreseeable health and welfare of the child
• Frequent, regular, and continuing contact with parents who can act in the child’s best interest
• Whether and how parents who do not live together will share the rights and responsibilities of raising the child
• The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life
• The child’s physical and emotional security and protection from exposure to conflict and violence
• The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth
• The day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health
• How to (i) place the child’s needs above the parents’ needs, (ii) protect the child from the negative effects of any conflict between the parents, and (iii) maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child
• The age of the child
• Any military deployment of a parent and its effect, if any, on the parent-child relationship
• Any prior court orders or agreements
• Each parent’s role and tasks related to the child, and how, if at all, those roles and tasks have changed
• The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities
• The parents’ relationship with each other, including how they communicate with each other, whether they can co-parent without disrupting the child’s social and school life, and how the parents will resolve any disputes in the future without the need for court intervention
• The child’s preference, if age-appropriate; and
• Any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child

Contact Waldorf, Maryland, Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.