Child Custody What You Should Know About Custody Modifications in Southern Maryland By Law Office of Robert Castro, P.A. | January 16, 2026 If you have a Maryland custody order and your situation has changed, you can ask the court to modify it. But the rules a judge uses to decide a child custody modification changed on October 1, 2025. That’s when House Bill 1191 took effect. Governor Wes Moore approved the law on May 13, 2025. It is now codified at Maryland Family Law § 9-201 and § 9-202. The statute lists 16 factors a judge may consider in any custody decision, including modifications, and requires the court to address each factor on the record. It also clarifies the standard for changing an existing order or visitation arrangement. Here’s what Southern Maryland parents need to know. The Modification Standard Under FL § 9-202 To change a Maryland custody or visitation order, you have to show two things: A material change in circumstances since the last order was issued. That modifying the order is in the best interest of the child. That’s the rule under FL § 9-202(a). The change must relate to the needs of the child or a parent’s ability to meet those needs. A judge will not reopen your order just because a parent is unhappy. The new law also makes one situation explicit. Under § 9-202(b), if a parent proposes a move that would make physical custody impracticable, that proposal counts as a material change. The court can then move to the best-interest analysis. What Counts as a Material Change The statute does not define the phrase. Maryland courts have applied it case by case for decades, and that case law still guides judges. Common examples include: A parent’s relocation that disrupts the parenting schedule A serious change in a parent’s mental or physical health A parent’s substance abuse, criminal conduct, or incarceration Domestic violence or abuse in a parent’s home A child’s significant change in needs (medical, educational, or developmental) A pattern of one parent failing to follow the existing order Minor scheduling disputes, a new partner alone, or general dissatisfaction usually do not meet the standard. The change has to actually affect the child or a parent’s ability to care for the child. Relocation cases come up often, and Maryland now treats certain proposed moves as a material change by statute. The 16 Factors Under FL § 9-201 Once you clear the material-change hurdle, the judge runs through the best-interest factors in § 9-201(a). Under § 9-201(b), the court must articulate its findings on the record or in a written opinion, including its consideration of each factor. The 16 factors are: 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 place the child’s needs above the parents’ needs, protect the child from the negative effects of any conflict between the parents, and maintain the child’s relationship with parents, siblings, other relatives, or other individuals significant to the child The age of the child Any military deployment of a parent and its effect on the parent-child relationship Any prior court orders or agreements Each parent’s role and tasks related to the child, and how those 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, whether they can co-parent without disrupting the child’s social and school life, and how they will resolve future disputes without going back to court The child’s preference, if age-appropriate Any other factor the court considers appropriate No single factor controls. The judge weighs them based on the facts of your case and must explain how each one was considered. Where to File in Southern Maryland Custody cases are filed in the circuit court of the county where the child lives. For most of our clients, that means one of four courthouses: Charles County Circuit Court in La Plata — see our Charles County family law attorney page Calvert County Circuit Court in Prince Frederick St. Mary’s County Circuit Court in Leonardtown — see our St. Mary’s County custody lawyer page Prince George’s County Circuit Court in Upper Marlboro If your child’s existing custody order was issued by another state, Maryland generally cannot modify it as long as the other parent still lives in that state. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the issuing state keeps “exclusive, continuing jurisdiction” until that court releases it or no parent or child still lives there. A six-month Maryland residency may matter for an initial custody case, but it usually does not by itself give Maryland power to change another state’s order. How to File a Child Custody Modification in Maryland You file a motion to modify with the circuit court. The other parent is served and has time to respond. The court usually holds a scheduling hearing within a few weeks. After that, it sets a date for the merits hearing where evidence is presented. If the situation involves immediate danger to the child, the court can hear an emergency motion much faster. Otherwise, contested cases often take several months from filing to final order. Frequently Asked Questions When did Maryland’s new custody law take effect? House Bill 1191 was signed by Governor Wes Moore on May 13, 2025. It took effect on October 1 of that year. The law is codified at Maryland Family Law § 9-201 and § 9-202. Does HB 1191 apply to existing custody orders? Yes. The 16 factors and the modification standard apply to any custody case decided after the law took effect. That includes motions to modify older orders. Can my ex and I modify our custody order without going to court? You can agree on changes and submit a written consent order to the judge for approval. The court still has to find that the modification serves the child’s best interest. But uncontested modifications move much faster than contested ones. Does relocation automatically change custody? No. Under FL § 9-202(b), a proposed move that would make physical custody impracticable counts as a material change. The court still has to apply the 16 best-interest factors before deciding whether to modify the order. How long does a custody modification take in Southern Maryland? Uncontested modifications can be approved in a few weeks. Contested cases that need a full hearing usually take three to nine months. The exact timing depends on the county and the judge’s schedule. Will the judge listen to my child’s preference? The court considers the child’s preference if the child is age-appropriate. That is factor 15 of FL § 9-201(a). A preference is one factor among 16. It is never controlling on its own. Does Castro Law Group handle custody modification cases across Southern Maryland? Yes. We represent parents in Charles, Calvert, St. Mary’s, and Prince George’s Counties. Our office is in Waldorf, MD. Talk to a Southern Maryland Custody Lawyer Custody modifications are time-sensitive, and HB 1191 changed the rules judges use. The way your case is presented matters, whether you are seeking the change or responding to one. Castro Law Group has handled Maryland family law cases since 1993. Call (301) 870-1200 for a confidential case review. You can also visit our child custody page to learn how we handle these cases. For questions about the filing process, our family law modification page covers what to expect when you petition the court. Reach our office at (301) 870-1200 today.
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