The information on this page is for general information only, and is not meant to replace legal advice.

Family Law varies from state to state and the information on this page is in regard to Maryland Family Law only.

Individual laws cannot be fully comprehended without understanding how they interact with each other and within the elaborate Maryland Family Law Court system, and trying to interpret individual laws without understanding how they each interact with each other and within this system could lessen the chances of being able to win your case.

It is in your best interest to consult an experienced Family Law attorney to get specific legal advice regarding your individual case or situation before making any agreements or filing anything regarding a divorce or custody case.

Although there are several factors the court must consider when awarding custody in Maryland, there is no specific weight or priority assigned to these factors and there is no specific formula like there is for awarding child support.   The facts and circumstances of each particular case will be determinative.

The relevant case law in Maryland holds that "there is no such thing as a simple custody case," that "custody cases are like fingerprints because no two are exactly the same," and that there is no litmus test that provides a quick and easy answer to custody matters.

The "best interest of the child" is the standard Maryland courts must use in determining custody.

Determining what is "in the best interest of the child" involves a multitude of intangible factors that can be ambiguous.   The best interest standard is an amorphous notion, varying with each individual case.

When considering custody in Maryland, the court must consider all the factors necessary to determine what would be in the best interest of the child, including, but not limited to the following (these factors are not intended to be all-inclusive, but merely to act as a guide for the trial court):

(1)     The fitness of the parents;
(2)     The character and reputation of the parties;
(3)     The desire of the natural parents and any agreements between them;
(4)     The potential for maintaining natural family relations;
(5)     The preference of the child, when the child is of sufficient age and capacity to form a rational judgment;
(6)     Material opportunities affecting the future life of the child;
(7)     The age, health, and sex of the child;
(8)     The residences of the parents and the opportunity for visitation;
(9)     The length of the separation of the parents;
(10)   Whether there was a prior voluntary abandonment or surrender of custody of the child

When deciding whether to award Joint Custody, Maryland courts must consider the following factors:
(1)     Capacity of the parents to communicate and to reach shared decisions affecting the child's welfare;
(2)     Willingness of parents to share custody;
(3)     Fitness of parents;
(4)     Relationship established between the child and each parent;
(5)     Preference of the child;
(6)     Potential disruption of child's social and school life;
(7)     Geographic proximity of parental homes;
(8)     Demands of parental employment;
(9)     Age and number of children;
(10)   Sincerity of parent's request;
(11)   Financial status of parents;
(12)   Impact on State or Federal Assistance;
(13)   Benefit to parents