Maryland House Bill 1191, effective October 1, 2025, codifies the factors a Maryland family law court must consider in determining legal and physical custody in certain child custody proceedings.
Historically, these factors have been set out in case law (not statute). This change effects the first significant shift in the best interest custody factors in decades. These factors will apply to both initial custody determinations and modifications of a custody decision, retaining the requirement of a material change to warrant such a modification. HB 1191 also requires courts to explain their reasoning on the record to help families understand the decisions.
Please contact Nathan Volke and the Silverman Thompson family law team at nvolke@silvermanthompson.com or 443.909.7533with any questions regarding House Bill 1191 or any related matters.
Factors to Consider When Determining the Best Interest of a Child
Prior to House Bill 1191, Maryland courts would look to two seminal cases, Montgomery County v. Sanders, 38 Md. App. 406 (1978) and Taylor v. Taylor, 60 Md. App. 268 (1984), for the factors that the appellate courts of Maryland had identified as key considerations when deciding child custody cases.
HB 1191 sets out a list of 16 factors, some of which overlap the case law factors and some of which are new, for courts to consider when determining the best interest of the child in custody cases. Some factors relate to the child’s welfare overall and their physical and emotional security and development needs, such as the child’s age, their preference, if age appropriate, and the child’s life and activities especially with regards to their day-to-day needs, such as education, socialization, culture, food, shelter, etc.
There are also factors that consider the child’s relationships, such as their continuing communication and relationship with each parent and their relationship with other relatives or potentially important people. The bill also weighs how these relationships will be maintained based on the custody decision.
The bill further includes factors relating to the parents’ relationships especially their relationship with each other such as:
- How they will share rights and responsibilities
- The roles and tasks of each parent, how they communicate, whether they can co-parent, and their ability to resolve disputes and protect the child from those disputes.
Finally, the new bill allows the court to consider factors that relate to the parents’ lives and abilities. This includes how they would place the child’s needs above their own, any military deployment, and the location of each parent’s home.
There is also consideration of any prior court orders or agreements as well as a general statement that includes any other consideration the court may find necessary or helpful to the custody determination.
The Law Remains Protection Against Abuse
HB1191 also continues to protect children from abusive situations, whether it is toward the child or toward another family member or person living in the home. For example, the court must assess if there are reasonable grounds to believe there may be abuse and if there is, the court is required to deny custody or visitation. This approach prioritizes the safety and well-being of the child.
Factoring in Material Changes
The bill also authorizes the court to change any custody or visitation order if there has been a material change in circumstances since that order was issued. This includes a parent’s suggestion to relocate their residence in a way that would cause physical custody to be impracticable. Modifying the order itself must still be in the best interest of the child.
Why HB 1191 Matters
This new bill may make child custody decisions more predictable. It promotes fairness in decision making and places the factors the court will consider in statute, making them easily accessible. Requiring judges to explain their reasoning also ensures understanding and allows families to know exactly why the judge made the decision they did. While much of HB 1191 exists in case law already, putting all of this information in one place in the Maryland Family Law Article it will assist both litigants and family law attorneys in having the same information.
That helps everyone involved keep the child’s best interest in mind and protects child safety above everything else, just as child custody determinations are meant to do.
Here is the full listing of the factors a court must consider under HB 1191 when making 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:
- 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 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 an Experienced Maryland Family Law Attorney
Nathan E. Volke is a Maryland family law attorney with nearly 15 years of experience representing clients in divorce, custody, child support, adoption, and protective order matters across Maryland.
Known for his strategic and compassionate approach, he brings a broad legal background and a strong record of courtroom success, including appearances before Maryland’s highest courts.
He can be reached directly at nvolke@silvermanthompson.com or 443.909.7533. Learn more about Silverman Thompson’s family law practice here.