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Maryland family-law guide · reviewed August 22, 2026

Maryland Custody & Visitation

Current, source-linked Maryland terminology and rules without imported out-of-state formulas.

Legal information, not legal advice. Maryland law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the circuit court clerk receiving your case.

Maryland terminology

Legal custody

The right to make major decisions for the child (education, health care, religious upbringing) — sole or joint.

Physical custody

Where the child lives and the schedule — sometimes called parenting time.

Sole / joint

Legal and physical custody may each be sole (one parent) or joint (shared).

Best interests

The standard; decided on all relevant factors (Md. Code, Fam. Law § 9-201).

Core rules

  • Maryland uses 'legal custody' and 'physical custody' (sole/joint) plus 'visitation'/'parenting time'
  • There is no presumption for or against either parent; custody is decided on the child's best interests
  • Maryland does not presume joint custody is in the child's best interests
  • No party receives a preference based on gender
  • There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
  • In contested cases the court may require mediation

Support and modification cautions

Maryland uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' adjusted actual incomes and reads the basic obligation from the Schedule of Basic Child Support Obligations (Md. Code, Fam. Law § 12-204 / MD Child Support Guidelines). A custody order may be modified upon a material change of circumstances (Md. Code, Fam. Law § 9-203).

Official sources reviewed August 22, 2026

Always confirm current local forms, fees, and filing procedure with the Maryland Circuit Court clerk handling your case.

Confirm current court fees and deadlines. Court fees, filing and response deadlines, hearing timing, notice periods, and local procedures can change or vary by Maryland county and court. Before relying on any amount or time period on this page, confirm the current amount or deadline with the court or clerk handling your case.