Bill > SB521

This bill establishes a new legal presumption in child custody proceedings that favors joint legal and physical custody for approximately equal time between parents. Specifically, the bill creates a rebuttable presumption that both joint legal custody (shared decision-making rights) and joint physical custody (shared residential time) are in the best interests of the child, regardless of the parents' marital status or gender. The court may consider various factors when evaluating the best interests of the child, including the child's preferences (if they are emotionally mature), the distance between parents' residences and the child's school, parents' work schedules, ability to provide after-school care, and other relevant factors. If the court determines by a preponderance of evidence that joint custody would not be in the child's best interests, it may award sole custody to one parent, but must explicitly document the reasons for this decision. In such cases, the court is still required to ensure that the non-custodial parent maintains frequent and continuing contact with the child. The bill is set to take effect on October 1, 2025, and represents a significant shift towards presuming that children benefit from substantial time with both parents after a separation or divorce.

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https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0521?ys=2025RS