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.