Maryland child custody is covered under Maryland Code Title 5-203 "Parent and Child " law.

If you are involved in an Maryland child custody case, I recommend that you hire a child custody lawyer in order to have your best chance to win custody. However, it is also important to educate yourself. Below, are excerpts from § 5-203 of the Maryland Code.

§ 5-203. Natural guardianship; powers and duties of parents; support obligations of grandparents; award of custody to parent.
(a) Natural guardianship.-

1. The parents are the joint natural guardians of their minor child.
2. A parent is the sole natural guardian of the minor child if the other parent:
   • dies;
   • abandons the family; or
   • is incapable of acting as a parent.

(b) Powers and duties of parents.- The parents of a minor child, as defined in Article 1, § 24 of the Code:

1. are jointly and severally responsible for the child’s support, care, nurture, welfare, and education; and
2. have the same powers and duties in relation to the child.

(c) Support obligations of grandparents.- If one or both parents of a minor child is an unemancipated minor, the parents of that minor parent are jointly and severally responsible for any child support for a grandchild that is a recipient of temporary cash assistance to the extent that the minor parent has insufficient financial resources to fulfill the child support responsibility of the minor parent.
(d) Award of custody to parent.-

1. If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents.
2. Neither parent is presumed to have any right to custody that is superior to the right of the other parent.

The Maryland State Law Library has sponsored a website called "The People’s Law." They have an excellent section on Maryland Child Custody Law.

The Best Interests of the Child

Regardless of any agreement you may have reached, the courts will look at custody to determine the "best interests" of the child. They look at several factors. It is important to remember that no one factor is more important than any other. The following list is some, but not all, of the factors, that courts will consider.

1. Primary Care Giver – Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?
2. Fitness – What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party’s spouse, or any child residing within the party’s household (including another child).
3. Character and Reputation
4. Agreements – Is there a custody agreement already in place?
5. Ability to Maintain Family Relationships – Who will be able to keep the child’s family most intact? Who is going to let the child speak with their ex-mother-in-law, for example? Who will not penalize the child for any adverse action on the part of the other parent.
6. Child Preference – The decision of the court may be considered reversible error if they won’t hear the child’s preference. However, the court has the discretion to interview the child out of the parents’ presence. A child as young as 5 or 6 years of age may be heard. Though it is rare, the court will hear from a child under 7 years.The child’s ability to tell the truth from fiction and maturity will be the guideline for whether a child may be heard. A child of 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, the court has the power to appoint an attorney for the child in contested cases.
7. Material Opportunity – Which parent has the financial resources to give the child more things?
8. Age, Health and Gender of Child
9. Residences of Parents and Opportunity for Visitation – How close do the parents live to each other? How close do they live to members of the child’s extended family? Which parent lives closest to the child’s school and social circle?
10. Length of Separation- how long has the parent been separated from the child?
11. Any Prior Abandonment or Surrender of Custody – Is there a history of one parent walking out and leaving the other parent to cope with the child and the home? Which parent left when you last broke up?
12. Religious Views – These will be important in the court’s decision only if you can show that religious views affect the physical or emotional well being of the child.

I strongly urge you to find a child custody lawyer in order to increase your chances of winning your case for Maryland child custody.