A mom sitting with her two children on a bench sole custody

Capitalizing on HB 1191: Child Custody Lawyers and Maryland’s Newly Codified Factors

Maryland just gave family law attorneys a clearer roadmap for arguing child custody cases—and we’re here for it. 

As of October 1, 2023, House Bill 1191 officially codifies the factors Maryland courts must consider in custody decisions. Before this, we worked off case law and scattered precedent. Now, it’s all in black and white. For child custody lawyers—and the families we serve—it’s a win for clarity, strategy, and fairer outcomes. 

 

What HB 1191 Actually Does

HB 1191 isn’t creating new law out of thin air. It’s organizing existing legal standards into a single, clear statute. Think of it as a cheat sheet—but with the weight of law behind it. 

The statute includes a list of 18 specific factors judges must consider when deciding legal and physical custody. These include: 

  • Each parent’s relationship with the child 
  • The child’s preferences (depending on age/maturity) 
  • Ability to communicate and co-parent 
  • History of abuse or neglect 
  • Proximity of parents’ homes 

And that’s just the beginning. You can read the full list on dcmdlaw.com or Bowers Law MD, both of which offer accessible breakdowns. 

 

Strategic Shifts for Custody Attorneys

At The Lincoln Law Firm, we’re not just reading HB 1191—we’re baking it into every part of our custody strategy. 

Why? Because for the first time, we can point to a consistent, codified standard. That helps us: 

  • Structure arguments more clearly: Each factor is now a section in our trial prep. 
  • Prep clients with specific goals: No more vague “best interests” chatter—we explain exactly what a judge will look for. 
  • Anticipate opposing arguments: The same roadmap we use is available to the other side, which makes us sharper and more thorough. 

Before HB 1191, custody cases often felt like jazz—interpretive, nuanced, and a bit unpredictable. Now, they’re more like chess. You still need creativity and instinct, but the rules are clearer. 

 

What This Means for Families

This codification doesn’t mean custody battles are easy now. But it does mean they’re more transparent. If you’re a parent walking into a courtroom, you deserve to know what will shape the outcome. HB 1191 gives you that visibility. 

It also gives judges a checklist—making decisions more consistent across counties. That matters in Maryland, where court culture can shift dramatically depending on where you file. 

As The Daily Record pointed out, many attorneys see this as a long-overdue change. One family lawyer called it “a blueprint we’ve been using unofficially for years—finally written down.” 

 

Practical Advice for Navigating the New Law

If you’re representing or co-parenting with someone who’s already prepping under the new rules, don’t wait. Get up to speed fast. Here’s what we’re telling our clients: 

  • Document co-parenting efforts, from texts to shared calendars. 
  • Talk with your kids, but don’t coach them. Judges value authenticity. 
  • Be consistent with routines, schooling, and drop-offs—stability matters more than ever. 

And perhaps most importantly: don’t assume the old way still applies. HB 1191 is already shaping how evidence is presented, what judges ask, and how mediations unfold. 

Maryland has given us a clear framework—and we intend to use it. At The Lincoln Law Firm, we’re already adapting our custody consultations, filings, and trial prep to reflect HB 1191’s codified factors. 

If you’re heading into a custody dispute or just need to know where you stand, now’s the time to act. Because knowing the law isn’t enough—leveraging it strategically is what makes the difference. 

A mom holding her young children while using a tablet custody

How Maryland’s New Values Act Is Shaping Immigration Defense Strategies

If you work with immigrant clients—or are one yourself—you’ve probably heard about Maryland’s Values Act by now. It’s not just another bill with a feel-good name. It’s a law that actually changes how local law enforcement interacts with ICE, and it’s already shifting how immigration defense attorneys build their cases. 

For firms like ours at The Lincoln Law Firm, this law opens up new avenues to protect clients from unjust detainers and surprise transfers. It’s also a reminder of how fast the landscape is changing—and why it’s critical to stay plugged in. 

 

What the Values Act Actually Does

Passed in 2023, Maryland’s Values Act (HB 16) limits how much state and local law enforcement can collaborate with federal immigration enforcement. In particular, it targets 287(g) agreements—partnerships that deputize local police to act like immigration agents. 

Under the Act: 

  • Law enforcement can’t detain individuals solely for immigration purposes. 
  • Police can’t notify ICE about release dates unless there’s a judicial warrant. 
  • Agencies must stop honoring ICE detainers unless there’s a clear legal requirement. 

The law is clear: local cops aren’t federal agents. That distinction matters more than ever. 

 

What It Means for Immigration Defense

If you’ve ever tried to defend a client who got pulled over for a busted tail light and then landed in ICE custody days later, you understand the stakes. Under 287(g), that kind of story wasn’t rare—it was routine. 

Now, attorneys can build a stronger defense knowing: 

  • Clients have a better shot at avoiding unnecessary ICE contact after local arrests. 
  • There’s legal ground to challenge improper detainers and transfers. 
  • Local jails face legal limits on how they handle ICE requests. 

This isn’t just procedural—it’s strategic. Knowing the law gives us more ways to keep clients in their communities and out of detention. 

 

Shifting the Tone in Court

Before the Values Act, some judges and prosecutors assumed that anyone flagged by ICE must be dangerous or untrustworthy. Now, we can push back with more than just rhetoric. The law itself supports the argument that immigration status alone shouldn’t influence bail, sentencing, or probation outcomes. 

This shift also means that motions to suppress evidence obtained through ICE coordination might hold more weight. It’s early days, but we’re already seeing glimpses of this in county courts across Maryland. 

 

A Changing Landscape

Let’s not sugarcoat it—ICE still operates in Maryland. But this law creates a buffer. According to The Washington Post, jurisdictions with active 287(g) programs saw higher deportation rates for minor offenses like traffic violations. The Values Act disrupts that pipeline, giving families a bit more breathing room. 

We’ve already worked with clients who, under the old rules, would’ve faced near-immediate ICE detention after a local arrest. Thanks to this new legislation, we’ve had more time to post bail, file motions, and actually mount a defense. 

 

The Lincoln Law Firm’s Approach

At The Lincoln Law Firm, we’re not just watching from the sidelines. We’re adjusting how we prep clients for potential law enforcement encounters, how we negotiate with prosecutors, and how we challenge unlawful holds. 

We’re also educating clients about their rights under this law. Many still think a traffic stop means automatic deportation. It doesn’t—not anymore. 

If you’re worried about how this impacts you or your family, or if you’ve been picked up by police and fear ICE is involved, reach out. Knowing your rights isn’t enough—you need someone who can defend them.