Bill > HB1505

This bill establishes a rebuttable presumption in child custody proceedings that joint legal and physical custody are in the best interests of a child. Specifically, the bill creates a default assumption that both parents should have joint legal custody (shared decision-making rights) and approximately equal physical custody time, regardless of the parents' marital status or gender. When determining the best interests of the child, courts may consider factors such as 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 considerations. However, if the court finds by a preponderance of evidence (more likely than not) that a joint custody arrangement would not be in the child's best interests, the court can award sole custody to one parent. In such cases, the court must document the specific factors that led to this decision and ensure that the non-custodial parent still maintains frequent and continuing contact with the child. The bill is set to take effect on October 1, 2025, potentially changing how child custody is approached in Maryland by creating a presumptive preference for shared parenting arrangements.

Government Affairs

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1505?ys=2025RS