If you’re involved in a custody case in Maryland, House Bill 1191 has introduced significant changes. The new Maryland custody law HB 1191 will have a direct impact on how you approach your case. This law, effective October 1, 2025, codifies the “best interest of the child” factors into statute for the first time in decades. As a Maryland custody lawyer, we understand that knowing these 16 factors helps you present a stronger case and advocate for your relationship with your children. Proper preparation and documentation can make a measurable difference in outcomes.
At the Law Offices of Johnine Clark, P.A., our Maryland family law attorneys represent clients in family law matters throughout Maryland and the DC Metropolitan area. Our team brings decades of litigation experience to custody disputes, demonstrating how courts apply these factors in practice. Aligning evidence with HB 1191 can improve your custody outcomes.
What Changed With HB 1191?
Prior to October 1, 2025, Maryland custody decisions relied primarily on case law. Judges referenced factors from cases like Taylor v. Taylor, but no statutory list existed. This sometimes created inconsistencies, making it challenging for you to anticipate court emphasis.
HB 1191 addresses this by establishing 16 specific factors courts must consider for legal and physical custody. The law applies to initial determinations and modifications of existing orders. Courts must now explain their reasoning on the record or in writing, giving the process greater transparency.
This represents the most substantial update to Maryland custody law in years, promoting consistency and helping parents prepare more effectively.
The 16 Factors Under HB 1191
HB 1191 organizes factors into categories such as the child’s needs, relationships, and parental capacity. Courts evaluate each one. Here’s what they involve and why they matter.
Factors Relating to the Child’s Welfare and Needs
These factors address the child’s requirements for development and security. Courts seek arrangements that align with the child’s age and circumstances.
- Age of the Child: Needs vary by age; younger children require consistent care, while older ones may express preferences. This influences visitation and routines.
- Physical and Emotional Security and Developmental Needs: Courts assess ability to provide safe housing, nutrition, and emotional support. This includes stability and age-appropriate guidance.
- The Child’s Life, Activities, and Day-to-Day Needs: School, extracurriculars, cultural practices, and daily routines are considered. Determine who can maintain these elements.
- The Child’s Preference, If Age-Appropriate: Mature children’s views are weighed, though judges retain final authority. Adolescent input often holds significance.
Factors Relating to the Child’s Relationships
Family connections are essential. Courts aim to preserve these without unnecessary interruption.
- The Child’s Relationship with Each Parent: The court reviews involvement, emotional bonds, and engagement.
- The Child’s Relationship with Siblings: Arrangements should support sibling contact.
- The Child’s Relationship with Other Relatives or Important People: Ties to grandparents or mentors factor in.
- How Each Parent Promotes the Child’s Relationship with the Other Parent: Encouraging positive relations is favored; interference is not.
Factors Relating to Parental Capacity and Conduct
The court examines parental history and current abilities. This ensures the child’s safety and well-being.
- Each Parent’s Role and Tasks Related to the Child: Responsibilities like education and health care are evaluated.
- The Location of Each Parent’s Home: Proximity to school and the other parent affects feasibility.
- Each Parent’s Mental and Physical Health: Conditions must not impair parenting.
- The History of Substance Abuse, Violence, or Abuse: Substantiated issues lead to restrictions unless resolved. Demonstrating steps taken to address any past challenges can show commitment to safe, stable parenting.
Factors Relating to Parental Relationship and Communication
Cooperation between parents is key. Courts prefer minimal conflict for the child’s benefit.
- How Each Parent Communicates with the Other Parent: Effective, respectful exchanges are positive.
- Whether Parents Can Co-Parent Without Disrupting the Child’s Social and School Life: Conflict should not affect stability.
- How Parents Propose to Resolve Future Disputes: Mediation or similar methods are viewed favorably. Courts may give more weight to parents who have successfully participated in co-parenting or conflict-resolution programs.
General Factors
- Any Other Factor the Court Considers Appropriate: This allows for unique circumstances or special considerations in the child’s best interest.
These factors guide courts toward equitable, child-centered decisions. Compiling evidence that demonstrates alignment with each factor improves your ability to advocate effectively and shows preparedness and commitment to the child’s welfare. Including examples of day-to-day caregiving, extracurricular support, or structured routines can make a significant difference.
How HB 1191 Affects Custody Modifications and Abuse Protections
HB 1191 clarifies modifications to existing custody orders. The court requires a material change in circumstances that affects the child’s needs or a parent’s capacity. Relocation that substantially disrupts custody or visitation now qualifies as such a change, requiring proof that it serves the child’s best interests.
The law maintains robust protections against abuse, violence, or neglect. Courts must deny custody or unsupervised visitation when a risk exists, unless a party demonstrates that the child’s safety is assured. Courts may permit supervised visitation if it ensures protection. This framework supports stability while prioritizing child safety in all cases, consistent with Maryland Family Law § 9-101.
How to Present Your Case Under HB 1191 in Maryland Custody Cases
To strengthen your position in Maryland custody cases, gather evidence addressing each HB 1191 factor:
- Maintain records of involvement in education, healthcare, and activities
- Provide communications demonstrating cooperative parenting
- Obtain statements from educators or relatives attesting to your parental fitnessAlign proof with specific factors, like timelines for stability.
As Maryland custody attorneys, we assist in assembling court-valued materials, including documentation and testimony. Our Maryland family law attorneys ensure comprehensive presentations.
Speak to a Maryland Custody Lawyer Today
HB 1191 has transformed Maryland custody proceedings. Familiarity with these factors, combined with effective evidence presentation, can significantly enhance outcomes. Custody determinations under HB 1191 require careful preparation, attention to detail, and strategic advocacy.
Custody determinations under HB 1191 require careful preparation. The Law Offices of Johnine Clark, P.A. assists parents in the DC Metropolitan area with these statutory factors to achieve positive outcomes. We understand the implications and know how to safeguard your interests. We are prepared to assist. Contact us online to schedule a consultation. Learn how our Maryland family law attorneys can support your custody objectives.
