Maryland Divorce With Children — Custody and Child Support (2026)

Maryland divorce involving minor children requires a Parenting Plan addressing custody, visitation, and child support calculated under the Maryland Child Support Guidelines.

Custody — Two Types

Legal Custody

Authority to make major decisions about the child's education, healthcare, religious upbringing, and other significant matters.

• Joint legal custody: Both parents share decision-making — most common in Maryland when both parents are fit and able to cooperate
• Sole legal custody: One parent has final authority — typically when the other parent is unfit, absent, or unable to cooperate

Physical Custody

Where the child lives on a day-to-day basis.

• Primary physical custody: Child lives primarily with one parent; the other has regular visitation
• Shared physical custody: Child spends substantial time with both parents — affects child support calculation (different formula applies when each parent has the child 35% or more of the time)

Best Interest of the Child Factors (Maryland)

Courts determine custody under the best interest of the child standard, weighing:

1. Fitness of each parent
2. Character and reputation of each parent
3. Desire and ability of each parent to communicate and reach shared decisions
4. Willingness of each parent to share custody
5. Child's relationship with siblings
6. Preference of the child (given weight by age and maturity)
7. Material opportunity affecting the child's future
8. Age, health, and sex of the child
9. Residences and opportunities for visitation
10. Length of separation
11. Prior voluntary abandonment or surrender of custody

Maryland Child Support Guidelines

Child support uses the income shares model under Maryland Code, Family Law §§ 12-201 through 12-204.

Basic formula:

1. Add both parents' monthly adjusted actual income (gross income minus pre-existing child support obligations)
2. Look up the combined income on the guidelines table → get the basic child support obligation
3. Add health insurance and childcare costs → get total support obligation
4. Divide proportionally between parents based on each parent's income share

Shared custody adjustment: If the non-primary parent has the child 35% or more of the time (128+ overnights/year), a different shared custody formula applies — typically resulting in lower support.

Calculator: mdcourts.gov/family/supportguidelines

Child support duration: Maryland child support ends at age 18 — unless the child is enrolled in secondary education (up to age 19).

Parenting Plan Requirements

The Parenting Plan must address:

• Legal custody (joint or sole; decision-making process for disputes)
• Primary physical custody / residential schedule
• School-year schedule: specific days, exchange times and locations
• Summer schedule
• Holiday schedule: named holidays listed for each parent
• School breaks and long weekends
• Vacation advance notice (typically 30–60 days)
• Transportation: who drives exchanges
• Communication: phone/video with non-primary parent
• Relocation: Maryland requires notice and potential court approval for relocation with children — specify the advance notice requirement

The Use and Possession Order and Children

Maryland's unique Use and Possession Order allows the custodial parent to remain in the family home for up to 3 years after the divorce. This is specifically designed to provide stability for minor children.

In the Settlement Agreement, both spouses can agree to Use and Possession provisions that govern:

• Which spouse stays in the home
• Duration of use
• Mortgage, insurance, and maintenance payment allocation
• Compensation to the non-occupying spouse
• What triggers the end of the use period (child reaches age, remarriage, etc.)

Required Parenting Class

Many Maryland counties recommend or require parents to complete a parenting class focused on the impact of divorce on children. Confirm with your county's Circuit Court whether attendance is required.

Last reviewed: March 2026 | Income shares model | Shared custody formula at 35%+ overnight time | Use and Possession Order up to 3 years | mdcourts.gov/family/supportguidelines

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.