Updated March 19, 2024
A Maryland custody agreement is a document that determines how two parents will share custody, or authority over and access to, their child after separation. Without a formal court order, parents are jointly responsible for the child’s support, care, nurturing, welfare, and education, as per state law. Custody-related determinations are made on the basis of what’s in the best interest of the child.[1]
Child Custody Factors
Per a decision in the matter of Hild v. Hild (1960), the court considers the following factors in determining custody-related arrangements:
- The fitness of the persons seeking custody;
- The adaptability of the prospective custodian to the task;
- The age, sex and health of the child;
- The physical, spiritual and moral well-being of the child;
- The environment and surroundings in which the child will be reared;
- The influences likely to be exerted on the child; and
- The preference of the child if the child is old enough; and
- The general overall well-being of the child.
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How to File for Custody in Maryland
1. Agree on a Parenting Plan
Prior to filing for custody, the first step should be for the parents to try to reach an agreement on the terms of the parenting plan. They should consider decision-making, communication, information sharing, parenting time, transportation and exchange of the children, childcare, and other relevant issues.
Every county has a family services coordinator[2] who can connect parents with programs, such as mediation and co-parenting classes, that can help them reach a resolution.
If parents still cannot agree, they should complete a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time (CC-DR-110). This will help the judge to understand each party’s position.
2. Calculate Child Support
Estimate the amount of child support that will be ordered by the court using the Maryland Child Support Administration’s calculator. The calculator is based on the Maryland Child Support Guidelines.
3. File Complaint
Complete a Complaint for Custody (CC-DR-004) and file it in the circuit court where the child lives. The filing fee is $165.[3]
If, before this stage, the parents have already agreed on the terms of their parenting plan, the filer can attach a copy of the plan to the complaint in order to expedite the custody process.[4]
4. Serve Complaint
Papers must be properly served to the other parent.[5] While the law states that the filing parent cannot serve the papers, it is the filing parent’s responsibility to make sure this process is completed.
The respondent has 30 days to file an Answer to Complaint (CC-DR-050) if they live in Maryland, 60 days if they live in another state, and 90 days if they live outside the United States. If the respondent does not file an Answer form, then the filer can ask the court to issue a default order by filing a Request for Order of Default form.
5. Attend Custody Trial
Parents should bring either their parenting plan or their joint statement to the court hearing. At the hearing, each party will be asked to give an opening statement, submit evidence, and deliver a closing argument. The judge’s final order is binding.
Custody Laws
- Child’s Preference: Case law determines that the court will consider the child’s preference if the child is “old enough to make a rational choice”[6]
- Domestic Abuse: § 9–101
- Third Party Visitation: Janice v. Margaret (2008)
- Uniform Child Custody Jurisdiction and Enforcement Act: Code of Maryland, Title 9, Subtitle 2
- Visitation: § 5–203
Related Forms
