Understanding Maryland House Bill 1191
When parents separate or divorce in Maryland, their biggest question is: Who will take care of the children and how will they be seen to? It can also be the most difficult matter to resolve during a divorce. Until now, the State of Maryland has largely relied on decades’ worth of case law to decide child custody disputes. That, however, is about to change. With the passage of House Bill 1191 (HB 1191), signed by Governor Wes Moore in May 2025, Maryland will (for the first time) have a comprehensive statutory framework for making custody determinations. The law will take effect on October 1, 2025. It represents a major shift in how family law cases are handled statewide.
What does HB 1191 do?
HB 1191 amends the Family Law Article of the Maryland Code to codify a detailed list of “best interests of the child” factors. These factors guide judges when deciding child custody cases and when reviewing requests to modify existing custody orders. While the Maryland courts have long applied best-interest principles in cases like Taylor v. Taylor, HB 1191 brings those standards directly into the Maryland statutes. This makes them clearer and more accessible for parents, attorneys, and judges.
New custody factors
The statute sets out 16 factors that courts may consider. Among the most significant are:
- The stability and health of the child’s living arrangements.
- Each parent’s ability to provide for the child’s physical, emotional, and developmental needs.
- The importance of maintaining frequent and continuing contact with both parents when safe and feasible.
- The child’s relationships with siblings, relatives, and other important figures.
- Protection from violence, abuse, or high-conflict environments.
- The child’s own preference, if the court finds the child mature enough to express one.
- Any military deployment or unique circumstances affecting a parent’s ability to care for the child.
- Prior custody orders or written parenting agreements.
- Any other factors that bear on the child’s best interests.
For the first time, judges will also be required to explain on the record, or in a written opinion, how they evaluated these factors. That requirement improves transparency and helps parents understand the reasoning behind custody decisions.
Custody modifications under HB 1191
HB 1191 also codifies the standard for modifying an existing custody or visitation order. Courts may modify custody only when:
- There has been a material change in circumstances since the last order that affects the child’s needs or the parents’ ability to meet them, and
- The modification is in the best interest of the child.
This provision aligns with established Maryland case law but now offers clear statutory authority.
Why it matters
For parents, HB 1191 provides more predictability. Rather than just relying on appellate decisions and precedent, anyone can now review the statute itself to see what judges consider. For parties who represent themselves, the law makes the process more accessible. For attorneys and judges, the statute ensures a consistent and transparent framework across the state.
Talk to a Bel Air, MD, Family Law Attorney Today
Schlaich & Thompson, Chartered, represent the interests of parents during custody disputes. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
