How Child Custody and Visitation Work in Maryland

When you split up with your child's other parent, some of the most important—and often most challenging—decisions you'll make relate to child custody and parenting time. Where will your child live, and who will be responsible for making important decisions about your child's life?

Whether you're facing an initial custody determination or seeking to change current orders, understanding Maryland's custody laws is essential.

Types of Child Custody in Maryland

In Maryland, there are two basic types of child custody: legal custody and physical custody. With each type, both parents may have joint custody, or one parent may have sole custody.

Legal Custody in Maryland

Legal custody (also called "decision-making authority") means having the right to make important long-term choices about your child's life, including decisions about:

• medical care and mental health care
• education
• religious upbringing, and
• extracurricular activities.

Maryland law strongly prefers that parents share legal custody because it keeps both parents actively involved in their child's life. But joint legal custody can sometimes create problems if parents can't agree. To prevent ongoing disagreements, judges may give one parent tie-breaking authority to make the final decision or split up different types of decisions (for example, one parent decides about education, while the other handles religious matters).

Sometimes a judge will give sole legal custody to just one parent. This typically happens when the other parent isn't able to make sound decisions for the child, such as when they have a serious, untreated substance abuse problem, mental health issues that affect their judgment, or a history of child abuse or domestic violence.

Physical Custody in Maryland

Physical custody (also called "parenting time") is about where a child lives and how much time the child spends with each parent. A judge can give physical custody to one parent (sole physical custody) or to both parents (joint physical custody). (Md. Code, Fam. Law, § 5-203(d) (2025).)

Even when both parents have joint physical custody, it doesn't mean they split their time exactly 50/50. Usually, one parent is named the custodial parent because the child lives with that parent most of the time. This designation might also be important for practical reasons, like enrolling the child in school.

If a judge gives sole physical custody to one parent, the other parent (the noncustodial parent) usually still gets scheduled time with the child, which is called visitation.

Parents' Rights in Maryland

Under Maryland law, both custodial and noncustodial parents are entitled to access their children's medical, dental, and educational records, unless a judge orders otherwise. However, the right to view education records, for example, doesn't automatically give the parent the right to make school-related decisions. Decision-making authority is determined by the legal custody order. (Md. Code, Fam. Law § 9-104 (2025).)

Parenting Plans and Agreements in Maryland

Instead of letting a judge decide on custody, parents can work together to create their own custody agreement. Most parents choose this option to avoid the uncertainty, stress, and cost of a child custody battle.

Creating a Custody Agreement and Parenting Plan

To make a custody agreement official in Maryland, you have to write it down in a formal document called a parenting plan and submit it to the court.

A good parenting plan is detailed and tries to answer as many questions as possible to reduce the risk of arguments down the road. You can use Maryland's Parenting Plan Tool to create your plan. Your plan should cover key issues, including:

• Decision-making authority. How you'll handle major decisions, including who gets the final say if you disagree.
• Communication. How you will talk with each other about your child (in person, text, email, or phone), and how you'll stay in contact with your child when they are with the other parent.
• Information sharing. How you will access and share important information about your child's health, education, and well-being.
• Education. The type of school your child will attend (public, private, homeschool).
• Activities. How you'll manage activities like sports, theatre, and recitals, including when activities conflict with parenting time and exchanges.
• Parenting time. A detailed parenting time schedule showing when the child will be with each parent, including holidays, birthdays, and school breaks.
• Transportation. A plan for when and how exchanges will work, including who will pick up and drop off your child.
• Childcare. How you'll choose child care providers and whether the other parent gets the first chance to watch the child before you hire someone.
• Travel. Rules for taking the child out of the town, state, or country.
• Disputes. A plan for how you will handle disagreements over the parenting plan in the future.

Once you submit your plan, a judge will review it. As long as the agreement serves your child's best interests, a judge will typically approve it.

When You Can't Agree on a Parenting Plan

If you and the other parent can't agree on a parenting plan, you'll need to file a "Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time" with the court. (Md. Rules, Fam. Law, Rule 9.204.2 (2025).)

A judge may require you to participate in custody mediation if it's appropriate and could be beneficial for you, the other parent, or your child. A judge won't order mediation in cases involving abuse or "coercive control" (like intimidation, manipulation, or threats). (Md. Rules, Fam. Law § 9-205 (2025).)

How Do Maryland Judges Make Custody Decisions?

When parents aren't able to reach a custody agreement, a judge will have to decide for them, based on what the judge believes would be in the child's best interests.

The judge must consider any evidence of domestic violence when making custody decisions. If a parent has committed domestic violence or child abuse, any custody or visitation orders must protect the child and the victim of the abuse. (Md. Code, Fam. Law § 9-101.1 (2025).)

As of October 2025, judges may consider the following 16 factors when making custody decisions:

1. The stability, health, and general welfare of the child now and in the future.
2. The importance of frequent, regular, and continuing contact with parents who act in the child's best interest.
3. How parents who live apart will share the rights and responsibilities of raising the child.
4. The child's relationships with each parent, siblings, relatives, and other important people.
5. The child's physical and emotional security, including protection from conflict and violence.
6. The child's developmental needs, including physical, emotional, and intellectual safety and growth.
7. The child's daily needs, such as education, social life, culture, religion, food, shelter, clothing, and physical and mental health.
8. The parents' ability to prioritize the child's needs, shield the child from conflict, and maintain the child's important relationships.
9. The age of the child.
10. The effect of a parent's military deployment on the child, if any.
11. Any prior court orders or agreements between the parents.
12. Each parent's past and present roles and responsibilities in caring for the child.
13. The location of each parent's home and how it affects coordinating parenting time, school, and the child's activities.
14. The parents' relationship with each other, including their ability to communicate, co-parent without disrupting the child's life, and resolve future disputes.
15. The preference of the child, if the child is mature enough to express a reasonable opinion.
16. Any other factor the court finds relevant to the child's physical, developmental, and emotional needs.

(Md. Code, Fam. Law § 9-201 (2025).)

Does a Parent's Gender or Disability Play a Role in Maryland Custody Cases?

Maryland law doesn't presume that either parent is better able to serve the best interests of the child because of that parent's gender. (Md. Code, Fam. Law § 5-203(d) (2025).)

The state's law specifically says that a parent's disability is not relevant in custody decisions unless the other parent proves that it would affect the child's best interests. Even then, the parent with a disability will have the opportunity to prove that supportive parenting services would mitigate that impact. (Md. Code, Fam. Law § 9-107 (2025).)

Can Children Express a Preference in Maryland Custody Cases?

In Maryland, a judge may consider a child's wishes, but only if the child is mature enough to make a reasonable judgment. A child doesn't get the final say, however. Instead, the judge will evaluate the child's age, maturity, and reasons for their preference, along with all of the other factors outlined above, to make a final decision about what custody arrangement is in the child's best interests.

Judges usually don't have children testify in open court, which can be intimidating. The standard practice is for the judge to talk to the child in the judge's office (sometimes called "in chambers"). Parents usually aren't present during the conversation, but their attorneys might be.

Maryland law gives older teenagers a unique right to express their preference directly. A teen who is at least 16 years old can file their own petition with the court to ask for a change in custody. The teen must show that there has been a significant change in circumstances since the last order, and the judge must find that changing custody is in the teen's best interests. (Md. Code, Fam. Law § 9-103 (2025).)

Noncustodial Parents' Visitation Rights in Maryland

In Maryland, the law presumes that it's in a child's best interest to maintain contact with both parents, even a parent who doesn't have physical or legal custody. Courts prefer parents to work out a visitation schedule that accommodates their work schedules and the child's developmental needs. As with all custody issues, a judge will have to come up with a schedule if the parents can't agree.

Maryland judges might also order visitation time for a child's grandparents, but only in very limited circumstances.

When Judges Limit or Deny Visitation in Maryland

A judge's primary duty is to protect the safety of the child. If there is reason to believe that it would be harmful for a child to spend time with a parent, a judge will either deny or set limits on that parent's visitation rights. For example, if a parent has a history of domestic abuse, the judge may order supervised visitation with a court-approved third party present.

Can Children Refuse Visitation?

Children aren't allowed to disobey existing visitation orders until they're legally considered an adult (18 or older in Maryland) or otherwise become legally emancipated.

When children refuse visitation, the custodial parents should do everything they can to get the kids on board. Of course, any parent knows how hard it can be to make kids do something they adamantly refuse to do, particularly as they get older.

But because Maryland law allows older teens (who are at least 16) to request a modification of existing visitation orders, they have the option of taking action to try to change those orders. Either parent can also request a modification (more on that below).

Modifying Visitation and Custody in Maryland

Life changes, and sometimes custody arrangements have to change too as children grow and parents change jobs, remarry, and relocate.

In Maryland, you and your child's other parent can always agree on changes to your parenting plan. To make the changes official and legally enforceable, you'll have to submit a written parenting plan and a formal motion to modify to the court. A judge will review your plan and, if it serves the child's best interests, make it a court order.

If you and your child's other parent can't agree on changes, you'll have to file a motion asking a judge to decide. You'll have to prove two things:

1. A material change in circumstances. There has been an important change in circumstances since the last custody order was issued that impacts your child's needs.
2. The child's best interest. Modifying the custody order would be in your child's best interest.

Relocation is a common reason for parents to modify custody orders. Relocation that would disrupt physical custody is automatically considered to be a material change in circumstance. (Md. Code, Fam. Law § 9-202 (2025).)

Learn more about child custody and relocation in Maryland.

Enforcing Custody and Visitation Orders in Maryland

When a parent isn't following a court-approved parenting plan, the other parent can file a motion asking the court to enforce the existing custody and visitation orders.

If a judge finds that a parent has denied or interfered with court-ordered visitation, the judge may:

• order that the visitation be rescheduled
• modify the custody or visitation order to add terms ensuring future compliance with the order, and
• require the violating parent to pay the other parent's attorney's fees and other costs associated with seeking enforcement.

(Md. Code, Fam. Law Code § 9-105 (2025).)

Be aware that visitation rights have nothing to do with child support. This means that custodial parents aren't allowed to withhold visitation because they aren't receiving support payments on time, and noncustodial parents aren't allowed to stop paying support because they're not being allowed to visit their kids.

Getting Help With Custody and Parenting Time

Custody and parenting time disputes can take a serious toll on both children and parents. If possible, it's often best to resolve disagreements without going to court—either by working directly with the other parent or with the help of a child custody mediator. This approach is typically less stressful and less expensive than litigation.

However, if mediation doesn't work or isn't appropriate for your situation, a family law attorney can explain your legal rights and options and help you navigate the court system. If you don't want or can't afford to hire an attorney, most circuit courts in Maryland have family court help centers where you can get free legal help.