Child custody and parenting time
Child custody in Maryland
Custody is mostly decided by state law. This page covers what Maryland sets: the words it uses, how judges decide, how to ask the court, moving with your child, relatives and free help.
What Maryland calls custody
- Maryland calls it
- custody: legal custody (decision-making authority) and physical custody (parenting time / child access / visitation)
- Time with each parent
- parenting time / visitation (child access)
- legal custody (decision-making authority)
- The right to make long-term decisions about your child's education, health, religion, care, and welfare. Parents can share it (joint) or one parent can have it (sole).
- physical custody (parenting time)
- Where your child lives and how much time your child spends with each parent.
- visitation (child access)
- Time a parent or another person spends with a child under a court order. Maryland court forms also call it 'child access'.
- parenting plan
- A written plan for how you will make major decisions and share time with your child. The court requires one in every case about custody of a minor child.
Law: Md. Code, Fam. Law §§ 5-203(d), 9-201; mdcourts.gov Child Custody and Parenting Plans pages
How the judge decides in Maryland
What the law tells the judge to look at
In the order the law lists them.
- Stability, and your child's health and welfare now and in the future.Md. Code, Fam. Law § 9-201(a)(1)
- Frequent, regular, and continuing contact with parents who can act in the child's best interest.Md. Code, Fam. Law § 9-201(a)(2)
- Whether and how parents who do not live together will share the rights and duties of raising the child.Md. Code, Fam. Law § 9-201(a)(3)
- The child's relationship with each parent, brothers and sisters, other relatives, and people who are or may become important in the child's life.Md. Code, Fam. Law § 9-201(a)(4)
- The child's physical and emotional security, and protection from seeing conflict and violence.Md. Code, Fam. Law § 9-201(a)(5)
- The child's developmental needs, such as physical safety, emotional security, a positive self-image, social skills, and learning and thinking growth.Md. Code, Fam. Law § 9-201(a)(6)
- The child's day-to-day needs, such as school, friends and activities, culture and religion, food, housing, clothing, and mental and physical health.Md. Code, Fam. Law § 9-201(a)(7)
- How to put the child's needs above the parents' needs, protect the child from the effects of conflict between the parents, and keep the child's relationships with parents, brothers and sisters, relatives, and other important people.Md. Code, Fam. Law § 9-201(a)(8)
- The child's age.Md. Code, Fam. Law § 9-201(a)(9)
- Any military deployment of a parent and how it affects the parent-child relationship, if at all.Md. Code, Fam. Law § 9-201(a)(10)
- Any earlier court orders or agreements.Md. Code, Fam. Law § 9-201(a)(11)
- Each parent's role and tasks in caring for the child, and how those roles have changed, if at all.Md. Code, Fam. Law § 9-201(a)(12)
- Where each parent lives, and how that affects the parent's ability to manage parenting time, school, and activities.Md. Code, Fam. Law § 9-201(a)(13)
- The parents' relationship with each other: how they communicate, whether they can co-parent without disrupting the child's social and school life, and how they will settle future disagreements without going to court.Md. Code, Fam. Law § 9-201(a)(14)
- The child's preference, if that is right for the child's age.Md. Code, Fam. Law § 9-201(a)(15)
- Any other factor the judge thinks matters for the child's physical, developmental, and emotional needs.Md. Code, Fam. Law § 9-201(a)(16)
Other things the judge considers
- The judge must explain the decision on the record or in writing, including how each factor was considered.Md. Code, Fam. Law § 9-201(b)
- If there are reasonable grounds to believe a party abused or neglected a child, the judge must deny custody or visitation to that party unless the judge finds there is no likelihood of more abuse or neglect. The judge may still allow supervised visits that keep the child safe.Md. Code, Fam. Law § 9-101
- The judge must consider evidence of abuse by a party against the other parent, the party's spouse, or any child living in the party's home. If abuse is found, the judge must make custody or visitation arrangements that best protect the child and the victim.Md. Code, Fam. Law § 9-101.1
- A parent found guilty of first- or second-degree murder of the other parent, another child of the parent, or a family member in the household cannot get custody or visitation unless there is good cause shown by clear and convincing evidence. Supervised visits may be allowed.Md. Code, Fam. Law § 9-101.2
- A parent's disability matters only if the evidence shows it affects the child's best interest. The parent who raises it must prove it. The parent with the disability can show that supportive parenting services would solve the concern.Md. Code, Fam. Law § 9-107
What the judge may not consider
Neither parent has a better right to custody than the other (Md. Code, Fam. Law § 5-203(d)(2)). A parent's disability cannot be held against the parent unless the evidence shows it affects the child's best interest (§ 9-107(b)).
Joint custody
No presumption. The judge can give custody to either parent or joint custody to both. Neither parent is presumed to have a better right to custody.
The child's wishes
The judge may consider the child's preference if that is right for the child's age. The law does not set an age for this. A child who is 16 or older and is under a custody order can file a petition to change custody in the child's own name. The judge must hold a hearing and may place the child with the parent the child chooses.
Domestic violence
There is no presumption against custody for a parent who committed domestic violence. But the judge must consider evidence of abuse against the other parent, a spouse, or any child in the home. If abuse is found, the judge must make arrangements that best protect the child and the victim. If there are reasonable grounds to believe a party abused or neglected a child, the judge must deny custody or visitation to that party unless the judge finds no likelihood of more abuse or neglect. Supervised visits may still be allowed.
Law: Md. Code, Fam. Law §§ 5-203, 9-101, 9-101.1, 9-101.2, 9-103, 9-107, 9-201
If the parents are not married in Maryland
Who has custody before a court order
Maryland law says parents are the joint natural guardians of their child, and neither parent has a better right to custody. When parents are not married, the child is legally the child of the mother. The other parent becomes a legal parent through a court judgment, or both parents can sign an Affidavit of Parentage. Once the affidavit is signed by both parents, both have equal rights to custody.
To ask for custody, you must first be a legal parent of the child.
Establishing paternity
- How
- Both parents can sign an Affidavit of Parentage, at the hospital or later, in front of a notary, hospital staff, or Department of Human Services staff. It is sent to the Maryland Department of Health, Division of Vital Records. It is a legal finding of parentage. Either parent can cancel it in writing within 60 days, or by telling the court in a case about the child within those 60 days. After 60 days, it can be challenged in court only for fraud, duress, or a material mistake of fact. You can also ask the circuit court to decide parentage.
- Form
- Affidavit of Parentage (English and Spanish versions) (DHS/CSA 1040)
- Cancelling it
- Written rescission within 60 days of signing. Get the rescission form from the Maryland Department of Health, Division of Vital Records, (410) 764-3038.
- Agency
- Maryland Department of Human Services, Child Support Administration (forms); Maryland Department of Health, Division of Vital Records (filing)
https://dhs.maryland.gov/child-support-services/parents-and-caregivers/
1-800-332-6347
Law: Md. Code, Fam. Law §§ 5-203, 5-1028; Md. Code, Est. & Trusts § 1-208; Affidavit of Parentage DHS/CSA 1040 (Rev. 01/2021)
How to ask the court in Maryland
- Court
- Circuit Court for the county where the child lives or where either parent lives (family law)
- Court self-help center
- https://www.mdcourts.gov/legalhelp/family/childcustody
- Court forms
- https://www.mdcourts.gov/family/family-forms
- Self-help center in Spanish
- https://www.mdcourts.gov/family/family-forms-spanish
Key forms
- CC-DR-004 — Complaint for Custody
- CC-DR-005 — Complaint for Visitation
- CC-DR-050 — Answer to Complaint / Petition / Motion
- CC-DR-095 — Counter-Claim for Custody/Child Support
- CC-DR-007 — Petition to Modify Custody/Visitation (Child Access)
- CC-DR-109 — Maryland Parenting Plan Tool
- CC-DR-110 — Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time
- CC-DR-112 — Petition for Contempt
- CC-DR-079 — Request to Register an Out-of-State Child Custody Order
- CC-DC-089 — Request for Waiver of Costs
- MDJ-008 — Notice Regarding Restricted Information
What it costs
$165 — Filing fee to open a new civil case in circuit court, such as a Complaint for Custody (CC-DR-004). It includes a $55 Maryland Legal Services Corporation surcharge and a $30 records surcharge.
Fee schedule: Circuit Court Fee Schedule and Fee Summary Chart, effective September 2, 2026 (Source)
Other fees
- $31 — Motion or petition to modify custody or visitation, or to hold someone in contempt, in an existing case (per filing)Circuit Court Fee Schedule eff. 9/2/2026, Schedule II A 1(B)(2); Cts. & Jud. Proc. § 7-202(e)
- $110 — Filing a certified out-of-state custody order (UCCJEA registration)Circuit Court Fee Schedule eff. 9/2/2026, Schedule II A 1(B)(3)(c)
- $0 — Petition for a domestic violence protective orderCircuit Court Fee Summary Chart eff. 9/2/2026 ('Domestic violence: none')
Fee waiver: Request for Waiver of Costs (CC-DC-089), filed with your complaint, plus form MDJ-008
After you file
- Time to respond
- 30 calendar days after you are served in Maryland, 60 days if served in another state, and 90 days if served outside the U.S. (answer to a Complaint for Custody).
- Mediation
- The court decides in each custody case whether to order mediation. The court may not order mediation if a party or child says in good faith that there is a real issue of abuse that makes mediation inappropriate. Cost depends on the program: some court and community programs are free or use a sliding scale; others charge by the hour, usually split between the parties.
- Parenting class
- The court can order parents to take a co-parenting class or use other family services. There is usually a cost, which varies by court. Some courts offer services for free or lower the fee based on income.
- Emergency orders
- You can ask the circuit court for an emergency (ex parte) or expedited hearing. Courts usually ask you to show an immediate risk of harm to a parent or child, or a risk that the child will be taken out of Maryland, and to file your custody complaint before or at the same time. Some courts require you to tell the other parent before the hearing. If you need protection from abuse, a temporary protective order can also give you temporary custody of your child.
Which state's court decides: Maryland has adopted the UCCJEA, the uniform law on this (Md. Code, Fam. Law Title 9.5 (§§ 9.5-101 et seq.)). How the home-state rule works →
Law: Md. Code, Fam. Law §§ 1-201, 4-505, 4-506; Md. Rules 1-351, 2-321, 9-205(b)(2); Circuit Court Fee Schedule eff. 9/2/2026
Changing or enforcing an order in Maryland
Changing an order
The judge can change a custody or visitation order if there has been a material change in circumstances since the last order that affects the child's needs or the parents' ability to meet them, and the change is in the child's best interest. A parent's plan to move in a way that makes the current physical custody arrangement impractical counts as a material change. Use the Petition to Modify Custody/Visitation (CC-DR-007).
Law: Md. Code, Fam. Law §§ 1-201(c)(4), 9-202
If the other parent does not follow the order
If the other parent unjustifiably denies or interferes with court-ordered visitation, the judge can order make-up visits, add new terms to the order to make sure it is followed, and order that parent to pay costs and lawyer's fees. You can also file a Petition for Contempt (CC-DR-112). You can ask the court to register and enforce a custody order from another state.
Law: Md. Code, Fam. Law § 9-105; Title 9.5, Subtitle 3
Moving with your child from Maryland
The law does not require notice in every case. The judge may put a condition in your custody or visitation order that you give at least 90 days' written notice before you move your home or the child's home, inside or outside Maryland. Certified mail to the other parent's last known address counts as notice. If either parent files a petition about the move within 20 days of the notice, the court must set a quick hearing. The judge must waive notice if it would expose the child or a parent to abuse, or for other good cause. A move that makes the current physical custody arrangement impractical is a material change, so the judge can change the order.
- Notice required by
- Only if your court order says so
- Days of notice
- 90 (only if your order requires notice)
Law: Md. Code, Fam. Law §§ 9-106, 9-202(b)
Grandparents and other relatives in Maryland
Grandparent visitation
Yes. A grandparent can file a petition in circuit court for reasonable visitation with a grandchild. The judge can grant it if it is in the child's best interest.
Law: Md. Code, Fam. Law § 9-102
Protective orders in Maryland
- What Maryland calls it
- Protective order (domestic violence): interim, temporary, and final
Custody and visitation in the order
Yes. A temporary protective order can award temporary custody of your child. A final protective order can award temporary custody and set temporary visitation that puts the child's welfare and your safety first. The judge must limit or supervise visits, or deny them, if unsupervised visits would put you at risk. A final order usually lasts up to 1 year. There is no filing fee.
Law: Md. Code, Fam. Law §§ 4-505(a)(2)(vii), 4-506(d)(7)-(8), (j)
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
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Military parents and abduction prevention in Maryland
Military parents
Any custody order made while a parent is deployed must say so. A parent back from deployment who files within 30 days gets a quick hearing. Orders based on deployment must require the other parent to work with the deployed parent's leave schedule and allow phone and email contact.
Law: Md. Code, Fam. Law § 9-108
Free help in Maryland
Court self-help
Maryland Court Help Center (free legal help by phone and live chat, and in-person Family Law Help Centers)
Legal aid directory
Legal Services Corporation: find LSC-funded legal aid
https://www.lsc.gov/about-lsc/what-legal-aid/i-need-legal-help
Legal aid
Maryland Legal Aid (custody and visitation help for eligible people)
Domestic violence help
Maryland Network Against Domestic Violence: domestic violence service providers by county (hotlines, shelter, advocacy)
https://www.mnadv.org/get-help/domestic-violence-service-providers/
Links you to local programs
Domestic violence help
Maryland Courts: Domestic Violence Legal Service Providers list
https://www.mdcourts.gov/sites/default/files/import/legalhelp/pdfs/dvlegalserviceproviders.pdf
Provides services directly
Lawyer referral
Local bar association lawyer referral services (linked by the Maryland Judiciary)
https://www.msba.org/site/site/content/Resources-and-Tools-Content/For-The-Public.aspx
Good to know in Maryland
- Since October 1, 2025, Maryland law lists 16 factors the judge may consider, and the judge must explain on the record how each one was weighed (Md. Code, Fam. Law § 9-201).
- A child 16 or older who is under a custody order can file a petition to change custody in the child's own name, and the judge must hold a hearing (Md. Code, Fam. Law § 9-103).
- The court requires a parenting plan in every case about custody of a minor child. If you cannot agree, you file a Joint Statement (CC-DR-110) (mdcourts.gov Parenting Plans).
Recent changes
- In effect October 1, 2025Maryland put a list of 16 best-interest factors into the law for the first time. The judge must explain how each was considered. A custody order can be changed when there is a material change in circumstances and the change is in the child's best interest.HB 1191 / SB 548 (2025 Md. Laws chs. 483, 484) · Md. Code, Fam. Law §§ 9-201, 9-202
- In effect October 1, 2026A temporary protective order now lasts up to 14 days (was 7), and the final protective order hearing must be held within 14 days.HB 497 (2026 Md. Laws ch. 791) · Md. Code, Fam. Law §§ 4-505, 4-506
More RobinClaim guides for Maryland → · All states
Sources
- Maryland General Assembly: Family Law § 9-201 (custody factors)
- Family Law § 9-202 (modification)
- Family Law §§ 9-101, 9-101.1, 9-101.2 (abuse, neglect)
- Family Law § 9-103 (child 16+ petition)
- Family Law § 9-105 (interference with visitation)
- Family Law § 9-106 (relocation notice)
- Family Law § 9-102 (grandparent visitation)
- Family Law § 9-107 (disability)
- Family Law § 9-108 (military deployment)
- Family Law § 5-203 (natural guardians)
- Family Law § 5-1028 (affidavit of parentage)
- Estates & Trusts § 1-208 (child of unmarried parents)
- Family Law §§ 4-505, 4-506 (temporary and final protective orders)
- Family Law § 1-201 (equity court jurisdiction)
- Family Law § 9.5-101 (UCCJEA definitions)
- MGA bill page HB 1191 (2025), Chapter 483, effective Oct. 1, 2025
- MGA bill page HB 497 (2026), Chapter 791, effective Oct. 1, 2026
- Maryland Courts: Child Custody
- Maryland Courts: Parenting Plans
- Maryland Courts: Family Services
- Maryland Courts: Mediation & ADR
- Maryland Courts: Filing Fee Waivers
- Maryland Courts: Family Law Forms (and Spanish forms page)
- Maryland Courts: Fee Schedules (index)
- Circuit Court Fee Schedule, effective Sept. 2, 2026
- Circuit Court Fee Summary Chart, effective Sept. 2, 2026
- Circuit Court for Calvert County: Emergency Custody packet (Rev. 1/20/2026)
- Maryland Courts: Domestic Violence - Protective Orders
- Maryland Courts: Finding Legal Help
- Maryland DHS: Parents and Caregivers (Affidavit of Parentage forms)
- Affidavit of Parentage DHS/CSA 1040 (English)
- NNEDV: State coalitions (Maryland Network Against Domestic Violence)
Last checked: November 2026