What's the difference between legal and physical custody in Maryland?

Legal custody is the right to make major decisions about a child's education, health care, religion, and general welfare. Physical custody is where the child actually lives day to day and which parent handles daily care. Each can be awarded solely to one parent or jointly to both, and the two don't have to match, joint legal custody with one parent having primary physical custody is common.

How much notice do I need to relocate with my child in Maryland?

If a custody or visitation order includes a relocation-notice condition (courts may, but aren't required to, include one), the standard is at least 90 days' advance written notice of intent to relocate the child's or a party's permanent residence, whether within or outside Maryland, under Family Law § 9-106. Notice by certified mail, return receipt requested, is sufficient. If either party petitions the court within 20 days of the notice, the court must hold an expedited hearing.

What if I have to move sooner than 90 days?

The statute allows a defense to a notice-requirement violation if the relocation was necessary due to financial or other extenuating circumstances and notice was given within a reasonable time after learning of the need to move. A court can still weigh a notice violation as a factor in later custody or visitation proceedings.

How is child support calculated in Maryland?

Using the income shares model under Family Law § 12-204: both parents' adjusted actual incomes (which includes wages, bonuses, commissions, and many government benefits) are combined and referenced against a statutory schedule, covering combined incomes up to $30,000 per month, to produce a presumptive basic support obligation split between the parents.

Maryland, United States

Maryland Child Custody: A Parent's Guide

Q: What are the 16 best-interest factors?

Effective October 1, 2025, Md. Code, Family Law § 9-201 requires courts to evaluate 16 specific factors when deciding legal and physical custody, replacing the older, judge-made list of factors courts previously relied on. They include the stability and foreseeable health and welfare of the child, the importance of frequent and continuing contact with parents who act in the child's best interest, how the parents will share child-rearing rights and responsibilities, the child's relationships with parents, siblings, and other significant people, and the child's physical and emotional security, among others.

How child custody works in Maryland, in plain English: legal and physical custody, the new 16 best-interest factors, relocation notice, and child support.

Legal sources reviewed: August 9, 2026

On this page

In short: Maryland separates legal custody (who makes major decisions) from physical custody (where the child lives day to day), and either can be sole or joint. Since October 2025, courts apply 16 specific best-interest factors under Family Law § 9-201. If a custody order includes a relocation-notice condition, the standard is 90 days' advance written notice before moving the child's residence.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Maryland family law attorney.

What Maryland generally provides

Maryland courts decide legal custody and physical custody separately, and each can be sole (one parent) or joint (shared). As of October 1, 2025, Family Law § 9-201 requires courts to evaluate 16 specific statutory factors, replacing the prior judge-made factor list, when deciding both types of custody, all guided by the best interest of the child.

Important terminology

Legal custody: the right to make major decisions about education, health care, religion, and the child's general welfare.
Physical custody: where the child lives day to day and which parent handles daily care; can be sole or shared.
Best interest of the child: Maryland's controlling standard, now assessed through the 16 factors codified in § 9-201 effective October 2025.
Relocation notice: an optional condition a court can attach to a custody order requiring advance notice before a party or the child's residence changes.

How custody works in Maryland

Legal and physical custody are decided independently

A court can order joint legal custody (both parents share major decision-making) while awarding primary physical custody to one parent, or any other combination. The two determinations don't have to mirror each other.

The 16 best-interest factors

Family Law § 9-201 directs courts to weigh factors including the stability and foreseeable health and welfare of the child, the importance of frequent and continuing contact with a parent who acts in the child's best interest, how parents living apart will share child-rearing rights and responsibilities, the child's relationship with each parent, siblings, and other significant individuals, the child's developmental needs and each parent's capacity to meet them, and protecting the child from exposure to conflict or violence. This more child-focused, codified list replaced the older common-law factors Maryland courts had relied on for decades.

Parenting schedules

Once legal and physical custody are set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Maryland courts may, but aren't required to, include a relocation-notice condition in a custody or visitation order. Where one applies, Family Law § 9-106 sets the standard at at least 90 days' advance written notice of intent to relocate the permanent residence of the party or the child, whether within or outside Maryland. Notice by certified mail, return receipt requested, to the other party's last known address satisfies the requirement. If either party files a petition regarding the proposed relocation within 20 days of the notice, the court must hold an expedited hearing. A parent forced to move sooner than 90 days can raise financial or other extenuating circumstances as a defense, provided notice was given within a reasonable time after learning of the need to move; otherwise, a court can weigh the violation in later proceedings. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Maryland uses the income shares model under Family Law § 12-204: both parents' adjusted actual income, defined broadly to include wages, bonuses, commissions, and many government benefits, is combined and referenced against a statutory schedule covering combined incomes up to $30,000 per month to produce a presumptive support obligation.

Can a custody order be changed later? Yes, generally on a showing of a material change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt or to enforce the order with the court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because Maryland's 16-factor framework is newly codified, expect more litigation and case law clarifying exactly how courts weigh the individual factors in the coming years, worth discussing directly with a Maryland family law attorney if custody is contested. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Maryland resources

Maryland hub

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.