If you're going through a divorce in Maryland, understanding how child custody decisions will be made is crucial to protecting your relationship with your children. On October 1, 2025, Maryland implemented a groundbreaking change to family law with House Bill 1191 (cross-filed as Senate Bill 548), marking the first time the state has codified specific statutory factors that courts must consider when determining child custody arrangements.
For divorcing parents in Columbia, Maryland, and throughout the state, this new law brings much-needed clarity, consistency, and transparency to what has historically been one of the most emotionally challenging aspects of divorce proceedings. At The Law Offices of Thomas Stahl, we're committed to helping you understand how this legislation affects your custody case and what you need to know to protect your parental rights.
What Is HB1191 and Why Does It Matter for Divorce Cases?
Maryland House Bill 1191 codifies specific factors that Maryland family law courts must consider when determining legal and physical custody arrangements in child custody proceedings. While Maryland courts have always used a "best interest of the child" standard, this phrase has been somewhat ambiguous, with judges relying primarily on case law to guide their decisions.
The new bill may make child custody decisions more predictable and promotes fairness in decision making by placing the factors the court will consider in statute, making them easily accessible. For divorcing parents, this means you can better understand how a judge will evaluate your custody case and make more informed decisions about whether to settle or litigate.
The 16 Statutory Factors Courts Must Now Consider
HB 1191 outlines 16 factors courts may consider in custody cases. Understanding these factors is essential for any parent navigating divorce and custody proceedings in Maryland. Here's what judges will evaluate:
Child-Centered Considerations
- Stability and Welfare: Courts will assess the foreseeable health and welfare of your child, including the stability of each proposed living arrangement. During divorce, maintaining consistency in your child's life—keeping them in the same school, near friends, and in familiar surroundings—can significantly impact custody decisions.
- Developmental Needs: Judges must consider your child's physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth. This factor examines how each parent supports the child's development across all areas of life.
- Day-to-Day Needs: The court will evaluate how each parent addresses education, socialization, cultural and religious upbringing, food, shelter, clothing, and mental and physical health care. Your involvement in these daily aspects of parenting carries substantial weight.
- Age of the Child: Different custody arrangements may be appropriate for a toddler versus a teenager. Courts recognize that children's needs evolve as they grow.
- Child's Preference: If age-appropriate, the court may consider what your child wants. While not determinative, an older child's reasoned preference can influence the outcome.
Parental Relationship and Communication
- Parent-Child Relationships: The court examines each child's relationship with both parents, siblings, other relatives, and individuals who are or may become important in the child's life. Strong, healthy bonds matter.
- Co-Parenting Ability: One of the most critical factors is how parents communicate with each other and whether they can co-parent without disrupting the child's social and school life. Courts also assess how parents will resolve future disputes without court intervention.
- Conflict Management: Judges evaluate each parent's ability to place the child's needs above their own, protect the child from parental conflict, and maintain the child's relationships with both parents and extended family.
- Prior Roles and Tasks: The court considers each parent's historical role in caregiving and how those responsibilities have changed, particularly relevant when one spouse was the primary caregiver during the marriage.
Practical Considerations
- Geographic Proximity: The location of each parent's home matters, especially regarding the ability to coordinate parenting time, school attendance, and extracurricular activities. In divorce cases where one parent plans to relocate, this factor becomes even more significant.
- Military Deployment: Any military deployment and its effect on the parent-child relationship will be considered, protecting the rights of service members going through divorce.
- Prior Court Orders or Agreements: Existing custody arrangements or agreements between parents will be taken into account, providing some continuity and predictability.
- Any Other Relevant Factors: Courts retain flexibility to consider any other factor appropriate for serving the child's physical, developmental, and emotional needs.
Mandatory Court Findings: Increased Transparency
The court must articulate its findings of fact on the record or in a written opinion, including the consideration of each factor listed and any other factor that the court considered. This requirement represents a significant improvement for divorcing parents.
Previously, judges had broad discretion with limited explanation required. Now, courts must explicitly address each statutory factor, creating a clear record of how decisions were reached. This transparency serves multiple purposes:
- Accountability: Judges must demonstrate they've thoroughly evaluated all relevant factors
- Clarity: Parents understand exactly why a particular custody arrangement was ordered
- Appealability: A detailed record makes it easier to appeal if you believe the court erred or overlooked important evidence
Material Changes and Custody Modifications
Divorce doesn't end at the final decree. Life circumstances change, and the HB1191 factors apply when and how custody orders are modified.
The court may modify a child custody or visitation order if the court determines that there has been a material change in circumstances since the issuance of the order that relates to the needs of the child or the ability of the parents to meet those needs and that modifying the order is in the best interest of the child.
What Constitutes a Material Change?
The law specifically identifies one clear example: a parent's proposal to relocate the residence of the parent or the child in a way that would cause physical custody to be impracticable constitutes a material change in circumstances.
Other potential material changes might include:
- A parent's remarriage or new living situation
- Changes in a parent's work schedule or employment
- Significant changes in a parent's health or living conditions
- Development of substance abuse or mental health issues
- Evidence of a parent undermining the child's relationship with the other parent
It's important to note that simply being unhappy with a custody arrangement doesn't constitute a material change. You must demonstrate that circumstances have substantially changed since the original order in ways that affect your child's wellbeing or the parents' ability to meet their needs.
Continued Protection from Abuse
HB1191 maintains Maryland's strong protections for children in situations involving abuse or neglect. The court must assess if there are reasonable grounds to believe there may be abuse and if there is, the court is required to deny custody or visitation. This approach prioritizes child safety above all other considerations.
The law considers abuse not only toward the child but also toward another family member or person living in the home. If you're divorcing an abusive spouse, the court must carefully evaluate custody and visitation arrangements to protect both you and your children.
How This Law Affects Your Divorce Strategy
The implementation of HB1191 has important implications for divorce strategy in Maryland:
- Settlement Negotiations: With clearer statutory guidelines, both parties can better predict potential court outcomes. This predictability often facilitates settlement negotiations, as parents can assess the strengths and weaknesses of their positions more accurately.
- Documentation Matters More Than Ever: Since courts must address each factor, thorough documentation of your parenting involvement, communication efforts, and your child's needs becomes essential. Keep records of school involvement, medical appointments, extracurricular activities, and day-to-day caregiving.
- Focus on Co-Parenting Skills: The law's emphasis on parental communication and cooperation means demonstrating your willingness and ability to co-parent effectively can significantly strengthen your custody case.
- Quality Legal Representation Is Critical: With 16 factors to address and mandatory court findings required, having an experienced family law attorney who understands how to present evidence relevant to each factor is more important than ever.
Planning for the Future: Post-Divorce Modifications
Even after your divorce is final, HB1191 provides a framework for addressing changing circumstances. Whether you need to modify an existing custody order or defend against a modification request from your ex-spouse, understanding the "material change in circumstances" standard is crucial.
If you're considering relocation after divorce, be aware that this explicitly triggers the material change standard. You'll need to demonstrate that the move serves your child's best interests despite the disruption to the existing custody arrangement.
Legal and Physical Custody: Understanding the Distinction
Maryland law distinguishes between legal custody (decision-making authority regarding the child's upbringing, education, health care, and religious training) and physical custody (where the child primarily resides). HB1191 applies to determinations of both types of custody.
In many divorces, parents share joint legal custody while one parent has primary physical custody. However, the specific factors outlined in HB1191 allow courts to tailor arrangements to each family's unique circumstances. There's no one-size-fits-all solution, which is why individualized legal advice is so important.
Why You Need Experienced Legal Counsel
Having clear statutory factors will provide more predictability for Maryland parents as to how a judge will assess their custody matter and help parents consider the potential risks and benefits of litigating custody in court. However, understanding how these factors apply to your specific situation requires experience and expertise.
At The Law Offices of Thomas Stahl, we've been helping families in Columbia, Maryland, and throughout the state navigate complex custody issues for years. Our team stays current with evolving family law, including the implementation of HB1191, to provide you with the most effective representation possible.
We can help you:
- Evaluate your custody case under the new statutory framework
- Gather and present evidence relevant to each of the 16 factors
- Develop a comprehensive parenting plan that demonstrates your commitment to co-parenting
- Negotiate favorable settlement terms or effectively litigate when necessary
- Pursue modifications when circumstances change after divorce
Take Action to Protect Your Parental Rights
If you're facing divorce or custody issues in Maryland, don't navigate this complex legal landscape alone. The implementation of HB1191 brings both opportunities and challenges for parents seeking to maintain meaningful relationships with their children.
Contact The Law Offices of Thomas Stahl today to schedule a consultation. We'll review your situation, explain how the new custody factors apply to your case, and develop a strategic approach to protect your rights and your children's best interests.
Visit our website or call 443-331-2770 to schedule your consultation.
Your children's future and your relationship with them are too important to leave to chance. Let our experienced family law team guide you through this transition with the knowledge, skill, and compassion you deserve.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Every family law case is unique, and the information provided here should not be relied upon as a substitute for personalized legal counsel. The outcome of any legal matter depends on the specific facts and circumstances of each case. Laws and court procedures are subject to change. For legal advice about your specific situation, please contact The Law Offices of Thomas Stahl to schedule a consultation with an experienced Maryland family law attorney. Reading this article does not create an attorney-client relationship.