How Does a Court Determine Who Gets Custody of a Child?

In deciding custody, Maryland law requires courts to focus on the best interests of the child and not the interests of the parents. Factors the court weighs to determine the best interests of the child include:

• The mental and physical health of the child
• The safety and stability of each spouse’s home and surroundings
• The willingness of each parent to encourage a close relationship between the child and the other parent
• The relative economic positions of the parents
• The wishes of the child
• The wishes of the parents
• The child’s relationship with parents, siblings and other significant people
• The child’s adjustment to home, school and community
• Physical violence or threat of violence by a parent, whether directed at the child or someone else
• Abuse, whether directed at the child or someone else