Maryland Custody & Visitation
Current, source-linked Maryland terminology and rules without imported out-of-state formulas.
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).
- Md. Code, Fam. Law § 9-201 — custody
- Md. Code, Fam. Law § 12-204 — child support
- Maryland Courts — self-help
Always confirm current local forms, fees, and filing procedure with the Maryland Circuit Court clerk handling your case.