How Domestic Violence Affects Child Custody in Maryland

According to the Maryland State Police, 34,017 domestic violence crimes were reported statewide in 2023. These incidents harm not only the direct victims but also children who witness violence in their homes, potentially perpetuating cycles of abuse across generations.

In recognition of the serious threat domestic violence poses to children and families, Maryland law requires judges to consider evidence of abuse when determining child custody and visitation arrangements. Here's an overview of how Maryland defines domestic violence and how it impacts custody cases.

Child Custody in Maryland

There are two types of custody in Maryland: legal custody and physical custody. Legal custody relates to who gets to make major decisions about the child's life. Physical custody determines where the child lives and how much time the child spends with each parent. For both legal and physical custody, parents can share joint custody, or one parent may have sole custody.

When parents can't reach a custody agreement, a judge will decide the custody arrangement based on the child's best interest. Judges must consider any evidence of domestic violence when making custody decisions and prioritize the safety of the child and the victim of abuse. (Md. Code, Fam. Law § 9-101.1 (2025).)

Just may also consider a list of 16 factors that emphasize the child's stability, safety, health, and development, as well as each parent's ability to communicate and meet the child's day-to-day needs. (Md. Code, Fam. Law § 9-201 (2025).)

Learn more about child custody and visitation in Maryland.

What Is Domestic Violence?

Maryland defines domestic violence as abuse against certain family or household members, including children and people who share a child in common.

Abuse includes any of the following acts:

• physical assault
• sexual assault
• threatened or attempted violence
• stalking
• false imprisonment, and
• revenge porn.

(Md. Code, Fam. Law § 4-501 (2025).)

Learn more about Maryland domestic violence laws.

What Is the Impact of Domestic Violence on Custody Decisions?

In any custody or visitation case in Maryland, a judge must consider evidence of abuse by a parent against the other parent, the parent's spouse, or any child in the parent's household. If the judge finds that the parent has committed abuse, the judge must craft a custody order that best protects the child and the victim of abuse. (Md. Code, Fam. Law § 9-101.1 (2025).)

Denial of Custody or Visitation for Abuse or Neglect

If the judge has reason to believe that a child has been abused or neglected by a parent, the court must deny custody or visitation to that parent unless the judge specifically finds that there is no likelihood of further child abuse or neglect by the parent. The court may approve supervised visitation if the court finds that supervision will ensure the child's safety. (Md. Code, Fam. Law § 9-101 (2025).)

Visitation Restrictions

In cases involving domestic violence, a judge has the authority to order all visits with the abusive parent to be supervised to protect the child's physical and psychological well-being.

Supervised visitation is visitation monitored by a third party, such as family members or social service professionals. Supervised visitation allows children to have safe contact with a parent who is developing anger management and parenting skills. (Md. Code, Fam. Law § 9-101 (2025).)

Termination of Parental Rights

In extreme cases, a juvenile court in Maryland can end a parent's legal relationship with their child through a process called termination of parental rights. This typically happens in child welfare cases, not during custody disputes between parents. To terminate parental rights, a judge must find by clear and convincing evidence that the parent is unfit and that ending the parent-child relationship is in the child's best interests. (Md. Code, Fam. Law § 5-525.1 (2025).)

Getting Legal Help

If you're dealing with domestic violence and child custody issues in Maryland, consider talking with an experienced family law attorney. A lawyer can help you get a domestic violence protective order, present evidence of abuse to the court, and advocate for a custody arrangement that prioritizes your family's safety.

Many domestic violence survivors qualify for free or low-cost legal services through local legal aid organizations. You can also contact the Maryland Network Against Domestic Violence at 1-800-799-7233 for immediate support and referrals to legal resources in your area