Many of the principles of family law are intended to seek the best possible outcome for everyone involved. However, some raise inherent conflicts.

For instance, both parents usually want as much time with their child and input in their life as possible, but time is limited, and the hours spent with one parent can’t necessarily be spent with the other. As such, awarding custody involves balancing many interests.

In 2025, Maryland passed HB 1191, which lays out the factors judges should consider when making custody determinations. This law was formally signed by Maryland’s governor and will go into effect for all custody cases decided after October 1, 2025.

What Is Custody?

Before getting into the changes wrought by HB 1191, it’s worthwhile to briefly recap some basic child custody concepts.

Custody has two primary aspects. Legal custody is a parent’s right to participate in the decisions affecting the child’s upbringing, including:

  • Religious instruction
  • Healthcare
  • Education
  • Extracurricular activities (in some cases)

Physical custody refers to the child’s living arrangements. The physical custody order determines:

  • The amount of time the child spends with each parent
  • The schedule for living with each parent
  • How the child’s time will be spent during holidays and vacations

Formerly, terms like “visitation” were used. However, this term has been replaced by the phrase “parenting time” to prevent the child’s relationship with either parent from being cast as merely “visiting.”

Each of these types of custody can be sole or joint. “Sole” means only one parent has custody rights, while “joint” means both parents have rights. Thus, joint legal custody means both parents can participate in making decisions regarding the child’s education.

Note that custody is a separate issue from child support. The determination of whether a parent pays child support and the amount ordered will arise from the child’s living arrangements, the parents’ resources, and the child’s needs.

HB 1191 Explained

HB 1191 creates a structure for custody decisions. First, the law identifies three scenarios where it doesn’t apply:

In these cases, the court must follow separate statutory rules. A parent who has committed these acts may be denied custody or visitation unless the court finds no likelihood of further harm or approves a supervised visitation arrangement that ensures the child’s safety and well-being. The usual factors listed in HB 1191 will not control the outcome in these situations.

If none of these conditions apply, the court will consider the following factors in awarding physical and legal custody:

  • The child’s age
  • The child’s stability, health, and welfare
  • The child’s security, considering any potential for violence or conflict
  • The child’s relationship with their parents, siblings, and other relatives
  • The child’s physical, emotional, interpersonal, and intellectual needs
  • Maintaining regular contact with those who act in the child’s best interests
  • How the parents will share the rights and responsibilities of child rearing
  • Whether a parent can place the child’s needs above their own
  • Whether either parent is subject to military deployment
  • Prior court orders or agreements
  • Each parent’s role in raising the child
  • The location of each parent’s home relative to the child’s school and activities
  • The relationship of the parents
  • Any other factor affecting the child’s physical, developmental, or emotional needs
  • The child’s preference

Finally, HB 1191 gives courts the authority to modify orders when a material change in circumstances occurs. Notably, it specifically identifies a parent’s intent to move as a material change that can trigger a modification.

How HB 1191 Will Affect Custody Determinations

This framework is generally helpful for the parents and their legal counsel. It tells them what evidence they should gather and present to the court. It also helps the judge focus on specific issues when determining custody. At the same time, the factors are flexible enough that a judge can consider the parents’ or child’s unique circumstances.

For example, none of the factors focuses specifically on special needs children. Thus, if your child has special needs, you could still present evidence about how that may affect a custody determination as it relates to your child’s needs.

This framework should also help appeals courts review custody determinations. HB 1191 requires judges to explain how they applied the factors in custody orders. An appeals court can review the trial judge’s thought process to ensure that they applied the factors properly.

Contact Us to Discuss the Impact of HB 1191 on Your Child Custody Case

HB 1191 fundamentally alters how custody determinations will be made in Maryland. Contact Blattner Family Law Group to discuss your situation and how we can help you obtain a custody outcome that serves your and your child’s interests.