What Is the Child’s Best Interests Standard for Child Custody Decisions? 

 Posted on March 20, 2025 in Uncategorized

 If you are a parent getting a divorce in Maryland, there is one phrase you will likely know well: "the best interests of the child." This is the standard that Maryland family courts use to decide who primarily takes care of the child when parents divorce and cannot agree on child custody. The judge’s decision will be based on what they think is best for your child.

Several "best interests of the child" factors are listed below, but you should also review others with an experienced Maryland child custody attorney today by calling 301-262-5500.

Where Will the Child Be Best Cared For? 

When a Maryland family court judge decides where your child should live and who should make important decisions, they review many factors to ensure the child will be happy and well looked after. While the courts typically prefer enabling both parents to be involved in the child’s life, some factors that are considered include: 

Who Cared Most for the Child During the Marriage? 

First, which parent has been the most involved in the child’s life so far? Who helps the child with schoolwork, picks them up from school, and takes them to the doctor when sick? Who knows what the child likes and does not like to eat? 

Can the Parents Work Together? 

How well do the parents cooperate to protect the child's best interests? The family court prefers cooperative parenting. If parents cannot get along and make the best decisions for the child, the court must decide for them.

Are Both Parents Fit? 

Are both parents able to provide care and support for the child? This is about more than physical health; the parent the child lives with the most must be mentally fit and capable of handling the sometimes challenging aspects of parenting.

What Does the Child Want? 

If the child is old enough, their preference can also be considered. The judge will listen to what the child wants and who they want to live with.

Where Do the Parents Live? 

Another factor is how far apart the parents live and their proximity to the child’s school, friends, and extracurricular activities.

What Are the Child’s Needs? 

How old is the child? Are there any health concerns? What parenting style is best for the child? The judge may look at the child’s personality and the parenting styles of each parent to determine which is the better fit. For example, if the child’s personality is rebellious, the judge may choose to grant primary custody to a parent whose style produced better outcomes for the child during the marriage.

What Is Each Parent’s Work Life Like? 

Most parents need to work, but how does each person’s job fit with child-rearing? If your ex-spouse has to travel every week for work, it could be more difficult for them to be a full-time parent.

Contact a Bowie, MD Family Lawyer

Divorce and child custody issues are never easy, but a favorable case outcome is possible. At Law Office of Kari H. Fawcett, our Annapolis, MD child custody attorneys have over 50 years of combined legal experience practicing family law. We are aggressive and never back down from a challenge. We will fight tenaciously for the optimal outcome of your divorce and child custody case. Contact us today at 301-262-5500 to schedule a free consultation.