If you have been through a custody proceeding in Maryland, or are heading into one, you have almost certainly heard the phrase "best interest of the child." It is the standard that courts use to evaluate custody decisions. But what does it mean in practice, and how does a judge determine what is right for a particular child and family?
As a family law attorney in Baltimore County who has spent many years representing parents in custody cases and who also serves as a court-appointed Best Interest Attorney (BIA), I have seen this standard applied from every angle. Here is what I want parents to know.
One of the most persistent misconceptions in family law is that courts favor one parent over the other by default. In Maryland, neither parent is presumed to be the better caregiver simply because of their gender or responsibilities in the household during the marriage. What the best interest standard is really asking is a more open-ended question: given everything we know about this child and this family, what arrangements will allow this child to thrive?
What courts look at is the evidence. Among the factors considered:
Both parents have the same opportunity to show up for their child and demonstrate what that relationship looks like, and in a best interest analysis, that is really what the court is trying to understand.
When evaluating what arrangement serves a child's best interests, courts do not make decisions in a vacuum. Judges look at what has actually been happening in a family, including:
A parent who has been consistently involved, who shows up to school events, manages medical appointments, and maintains a stable routine, is building a record that courts take seriously. Under Maryland's latest custody standards, judges are now required to explain their reasoning in more detail than before. That means documented involvement, consistent presence, and demonstrated commitment to the child's well-being all carry real weight when a judge puts their reasoning on the record.
Custody cases are shaped by what happens long before anyone walks into a courtroom. The arrangements parents settle into, the communications they have, the decisions they make in the early weeks and months of a separation, all of it becomes part of the picture a court will eventually look at. Having an attorney involved early, while there is still room to be thoughtful and intentional about how things take shape, is one of the most important things a parent can do for themselves and for their child.
In particularly complex or contentious custody cases, a Maryland court may appoint a Best Interest Attorney (BIA). A BIA is a neutral, court-appointed attorney whose sole focus is the child, not either parent. The BIA conducts an independent investigation: meeting with the child, speaking with both parents, visiting home environments, and interviewing teachers, counselors, doctors, and other people involved in the child's life.
Unlike a traditional attorney who advocates for a client's stated wishes, a BIA advocates for what they independently determine to be in the child's best interest, which may or may not necessarily align with what the child says they want, or with what either parent is hoping for. A BIA must inform the court of the child's wishes but is not required to advocate for them. The BIA's ultimate obligation is to the child's well-being, based on the full picture of what the investigation reveals.
BIAs are typically appointed in cases involving significant conflict between parents, allegations of abuse or neglect, concerns about parental influence on the child, or other circumstances where the court feels it needs a clearer, more independent picture of what the child's life actually looks like. If a BIA is appointed in your case, understanding their role, and making sure your attorney does too, can help you navigate that part of the process more effectively.
Serving as a BIA is, by nature, a highly subjective undertaking. The goal is always the same: determine what is in the best interest of this child. But what that looks like varies enormously depending on the family, the child's age and temperament, the specific issues at play, and what the evidence reveals. There is no actual formula for it.
When you are representing a parent, you typically know your client's position from day one. As a BIA, you are building your position from scratch, gathering perspectives from every direction and working toward a view grounded in the evidence in addition to what the child has actually told you. Every case lands differently, and I try to approach each one with that openness. I do my best to form my viewpoint and then stand behind it in court.
What draws me to this work is the knowledge that, through me, a child who might otherwise feel invisible in this process has a voice. In high-conflict cases, children are so often caught in the middle, made to feel responsible for things they have no control over, and the last thing any of them should have to do is come into a courtroom and choose between their parents out loud. Being able to spare a child from that, and to make sure their perspective is part of the record regardless, is something I find genuinely meaningful and necessary.
Whether you are navigating a custody case, trying to understand how Maryland courts evaluate the best interest standard, or have questions about what a Best Interest Attorney does, I am happy to talk through your situation. Contact my office at (410) 657-2515 or email info@CohenLegalTeam.com to schedule a consultation. My goal is always to help you navigate this process with clarity, confidence, and less stress.
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