What Do Judges Look For In Child Custody Cases In Maryland?

Walter Jackowiec, Illinois managing attorney | Marble Law

Maryland managing attorney at Marble Law

Published July 21, 2025 · 3 min read

Key Takeaways

Maryland courts recognize legal, physical as the two types of custody.
There can be joint or shared or sole of either of the two types of custody.
Judges always focus on what’s best for the child—not the parents.
A judge looks at things like parenting ability, home stability, and the child’s age or preferences.
Custody orders can be changed if something major in the child’s life changes.

Types of custody in Maryland

When it comes to child custody, Maryland courts look at two main areas: who makes decisions (legal custody) and where the child lives (physical custody). Depending on the situation, different types of custody arrangements can apply.

Legal custody: Legal custody is about decision-making power. This means making important choices about the child’s education, healthcare, religious upbringing, and other major life decisions. Parents may share legal custody, or one parent might have it alone.
Physical custody: This refers to where your child lives most of the time and who handles day-to-day care. One parent may have primary physical custody, or both may share it with the child spending time at each home.
Sole Legal or Joint Legal Custody: This determines whether the parents have to work together to make decisions affection the child’s wellbeing or what role will each parent play in those decisions.
Sole physical or shared physical custody: This is a determination of where the child primarily resides. Even with one party being awarded sole physical custody, the other party may be awarded visitation, which is access to the child at designated times.

What does the court consider when making a custody decision in Maryland?

Maryland courts don’t just look at who wants custody—they focus entirely on what’s best for the child. Judges look at a range of factors when deciding who gets custody.

Child’s best interest: This is the most important factor. Every decision the judge makes has to support the child’s well-being.
Parents’ character and reputation: The judge will examine each parent’s moral fitness, honesty, and overall reputation. The goal is to place the child with someone who can be a positive role model.
Parental fitness and ability: This includes each parent’s mental, physical, and emotional ability to care for the child. Judges also look at parenting history—who handled things like meals, school, and doctor visits in the past.
Child’s age and health: The judge will consider how old your child is and whether they have any medical or developmental needs that could influence the custody arrangement.
Previous living arrangements: If one parent has been the child’s primary caregiver, that history may work in their favor. Courts like to keep a child’s routine as stable as possible.
Child’s preference: If the child is mature enough, their preferences may be considered—though it’s never the only factor.
Stability of the living environment: A stable home is key. Judges want to know that the child will have a consistent routine, access to school and community, and a safe space to live.

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Can a child custody decision be changed in Maryland?

Yes, custody orders aren’t set in stone. If your situation changes—maybe one parent moves, or the child’s needs shift—you can ask the court to modify the custody order. But to do that, you’ll need to prove there’s been a “material change in circumstances” since the last order.

That could include job loss, a move out of state, new health concerns, or a change in the child’s needs. Once that change is proven as a threshold matter, you’ll also need to show that updating the custody order is in the child’s best interest.

How a family lawyer can help you in a custody case

Child custody cases can be emotionally draining and legally complicated. A strong family law attorney can help you build your case, present the right evidence, and may help you avoid mistakes that could hurt your chances. They typically understand how Maryland judges think, what proof the court needs, and how to negotiate if needed. Whether you’re seeking joint or full custody, having a lawyer on your side can help you with your chances to protect your relationship with your child and ensure a fair outcome. If you need support, Marble is here to help.