On May 13, 2025, Maryland Governor Wes Moore approved Maryland’s House Bill 1191 (HB1191), which introduced significant updates to how courts manage child custody decisions. For the first time, Maryland law now clearly specifies the factors that courts can consider when determining what is in the best interest of a child, and when custody orders may be modified. This bill will go into effect later this year, on October 1, 2025.
As a Family Law Attorney, it’s important to me that my clients are informed about the latest developments in family law and understand how these may impact their cases moving forward. HB1191 brings more transparency and predictability to the custody process, which I believe will benefit many Maryland families as they navigate these often complex issues. Here are the three key takeaways that every parent should know.
Previously, Maryland courts relied on case law to determine what was in the best interest of a child. HB1191 codifies these standards, providing parents with greater transparency about what a judge will evaluate.
Under the new law, courts may consider a variety of factors, including:
This shift toward defined custody factors will help my clients better understand what courts truly consider, and will enable us to prepare our cases using this framework more strategically. My hope is that it will be easier to make decisions in the best interest of children in the state with these updated custody factors.
Another important aspect of HB1191 is that it clarifies the circumstances under which courts can modify existing custody or visitation orders. A judge may change an order if there is a material change in circumstances that affects the child’s needs or a parent’s ability to meet them. Additionally, a judge may modify an order if a parent plans to relocate in a manner that would make physical custody arrangements impractical.
For instance, if a mother and father have joint physical custody, and their child spends three days with each parent at a time, with the switch-off often occurring at school between drop-off and pick-up, any significant distance moved by either parent could render the physical custody arrangement impractical, prompting a judge to change the orders.
However, this also opens the door for judges to intervene in more serious matters that impact the child’s stability or development. I often have clients who wonder which situations qualify for modification of their custody orders, and I’m grateful that this law establishes a clearer standard, particularly regarding relocation and the child's evolving needs.
The last notable takeaway from HB1191 is that courts are now required to articulate their findings when deciding custody cases. These decisions must be on the record or in a written opinion and must explicitly reference each factor considered in the decision.
This transparency helps both parents understand the rationale behind a custody ruling, reducing confusion and providing everyone with a clearer understanding of why a decision was made.
This is a decision that I see as a win for parents. As an attorney, I have frequently dealt with the aftermath of a custody decision alongside clients who felt in the dark and confused about why such a decision was made. I am confident that these new and clearer judicial explanations will not only provide peace of mind but also help families move forward with greater understanding.
HB1191 creates a more transparent and structured approach to child custody in Maryland. If you’re dealing with a custody dispute or considering modifying an existing order, now is a great time to speak with an experienced family law attorney.
As a Maryland-based family law attorney, I am looking forward to seeing how these new laws, aimed at creating a more transparent family law system, will impact my clients. If you need guidance navigating these changes, please contact the Law Offices of Kerri Cohen at (410) 657-2515 or info@CohenLegalTeam.com. We are here to help you discuss your options and how the new law may affect your case.
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