Issues of child custody can be among the most daunting. For any parent seeking to establish legal and/or physical custody, the idea that a Judge will decide the times and circumstances that the parent will be able to interact with their own child can be overwhelming. We understand that relationships with children are among the most critical issues addressed in Maryland Family Law cases.
As soon as a client retains our representation, we work together to strategize and set the course for achieving the best custodial arrangement for each individual client. Part of this partnership includes educating the client on Maryland custody laws and how those laws apply to each client’s unique set of circumstances.
In Maryland, custody is broken down to legal and physical custody.
What is Legal Custody in Maryland?
Legal custody refers to the parent or guardian’s right to make major decisions regarding the child’s welfare, generally relating to education, health and/or religious upbringing. Legal custody is determined by what is in the child’s best interests by weighing several factors, the most important being whether or not the parents are able to communicate effectively about major issues impacting the welfare of the child.
If a parent is awarded sole legal custody, that parent may unilaterally make major legal decision. Where the parties are awarded joint legal custody, the parents are required to communicate regarding all such issues and come to an agreement on all legal custody issues.
In addition, there is a hybrid legal custody option where the parties are awarded joint legal custody and one parent is awarded tie-breaking authority, allowing that parent to make a decision on behalf of the welfare of the child.
What is Physical Child Custody in Maryland?
Physical custody refers to where the child resides and is commonly referred to as child access or visitation. Physical custody is the specific
access schedule with respect to the child and each parent.
Many types of physical custody arrangements can be considered, including Joint Physical Custody, Sole Physical Custody, and Primary Physical Custody with Access. Joint Physical Custody is when both parents play a roughly equal role and the child alternates between homes and spends significant quantities of time with both parents. Primary Physical Custody refers to cases where the child resides primarily with one parent and spends shorter periods of time with the other parent. Sole Physical Custody is when the child resides with one parent.
In Maryland child custody cases, determining what is in the child’s best interest is the priority of the court and is determined by analyzing a number of factors. Having an experienced, trusted child custody attorney to guide your decisions is essential. Gohary Law Custody Attorneys provide strategic and compassionate solutions. Our experienced team designs strategies targeted for your specific needs to regain your power and build the foundation you and your family need and deserve.
Written by Michelle M. Gohary, Esq
Updated June 4, 2026
What laws determine child custody and visitation?
Determining Child Custody in Maryland: MD Code, Family Law, § 9-201
Effective: October 1, 2025
MD Code, Family Law, § 9-201
§ 9-201. Factors for determining child custody and visitation; findings of fact
Click here for the most current law:
(a) Subject to the provisions of §§ 9-101, 9-101.1, and 9-101.2 of this title, in determining what legal custody and physical custody is in the best interest of a child, the court may consider the following factors:
- stability and the foreseeable health and welfare of the child;
- frequent, regular, and continuing contact with parents who can act in the child’s best interest;
- whether and how parents who do not live together will share the rights and responsibilities of raising the child;
- the child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
- the child’s physical and emotional security and protection from exposure to conflict and violence;
- the child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
- the day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
- how to:
- place the child’s needs above the parents’ needs;
- protect the child from the negative effects of any conflict between the parents; and
- maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;
- the age of the child;
- any military deployment of a parent and its effect, if any, on the parent-child relationship;
- any prior court orders or agreements;
- each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;
- the location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;
- the parents’ relationship with each other, including:
- how they communicate with each other;
- whether they can co-parent without disrupting the child’s social and school life; and
- how the parents will resolve any disputes in the future without the need for court intervention;
- the child’s preference, if age-appropriate; and
- any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.
(b) The court shall articulate its findings of fact on the record or in a written opinion, including the consideration of each factor listed in subsection (a) of this section and any other factor that the court considered.
MD Code, Family Law, § 9-201
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