In Maryland Courts, the award of child custody is subject to the over-arching legal standard of “the best interest of the child.” But how does a Court determine what legal and physical custody arrangement is in the best interest of the child?

For years, guidance was provided by caselaw, which are appellate court opinions in litigated cases. The holdings in those cases were based on specific facts and circumstances, so it would be unclear whether the holding of a particular case would apply to, or control the outcome of, your case. One of the primary cases which guided trial judges in custody determinations has been a case called Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986). In that case, the Court of Appeals of Maryland (now called the Supreme Court of Maryland) held that a trial judge cannot simply conclude that joint custody is in the child’s best interests. The trial judge “must articulate fully the reasons that support that conclusion.”  Id., at 307. The Court of Appeals then set forth a number of factors to be considered in articulating those reasons. Those factors were as follows:

1. Willingness of Parents to Share Custody;
2. Fitness of Parents;
3. Relationship Established Between the Child and Each Parent;
4. Preference of the Child;
5. Potential Disruption of Child’s Social and School Life;
6. Geographic Proximity of Parental Homes;
7. Demands of Parental Employment;
8. Age and Number of Children;
9. Sincerity of Parents’ Request;
10. Financial Status of Parents;
11. Impact on State of Federal Assistance;
12. Benefit to Parents; and
13. Other Factors.

Id., at pp. 307-311. With respect to “Other Factors,” the Court made clear that there may be other circumstances a trial judge should consider and the above was not an exhaustive list.

Although the Taylor v. Taylor case specifically applied only to a finding of joint legal or physical custody, for many years, judges and lawyers followed the Taylor v. Taylor factors in arguing, and deciding, all custody disputes.

Then, on October 1, 2025, a new Maryland statute went into effect setting forth the factors to be considered in all legal and physical custody determinations, temporary or permanent, unless there is evidence of intrafamily abuse. Maryland Family Law Code § 9-201, is entitled “Factors for determining child custody and visitation, findings of fact.”

Under Maryland Family Law Code § 9-201,

Maryland Family Law Code § 9-201(a).

While a handful of these factors appear to be taken directly from Taylor v. Taylor, most of them take a deeper dive into a family’s situation than the Taylor v. Taylor factors do. For example, while Taylor v. Taylor includes the factors of “Fitness of Parents” and “Willingness of Parents to Share Custody,” section 9-201 requires more specific consideration of “how [the parents] communicate with each other,” how they will “resolve any disputes” and “whether and how parents who do not live together will share the rights and responsibilities of raising the child.”

Factor 8 is worded in such a way as to be from the point of view of the Court, of how to protect a child. The factor is not simply an examination of the parents’ respective parenting abilities, but also a broader look at what a child needs. The way it is worded, it is a factor asking the Court to determine “how to” fashion a custody arrangement that meets a child’s needs:

I also note that while the beginning of Section 9-201 states that a Court “may” consider these factors, implying that they are not required, the last sentence of the statute requires consideration of each of the factors, stating that “The court <span class="ul">shall</span> articulate its findings of fact on the record or in a written opinion, <span class="ul">including the consideration of each factor listed in subsection (a)</span> of this section and any other factor that the court considered.”  Maryland Fam. L. Code § 9-201 (b) (emphasis supplied).”

It is important in a custody dispute that parents and their respective lawyers review this statute, and discuss the many factors to make sure they will be able to provide a Court with an evaluation of each of Section 9-201’s custody factors. Application of these new statutory factors requires a more specific presentation from parties and their attorneys on how a child’s physical and mental health, relationships and stability will be protected under a new custody arrangement.

One of the purposes of placing the custody factors in a statute is to make them more available to non-lawyers than an appellate court’s opinion is. You do not need to do in-depth legal research to read the Maryland Family Law Code. It would be very helpful, however, to have the advice of an experienced family lawyer in fashioning your presentation to a Court on why they should agree with you about what custody arrangement you believe is in your child’s best interests, to make sure you are meeting the requirements of this new statute.