Custody And Visitation
Fam. Law § 5-203 — neither parent presumed ahead, and 90 days' notice of a move if ordered
In Maryland, the parents are the joint natural guardians of their minor child, jointly and severally responsible for the child's support, care, nurture, welfare and education, with the same powers and duties toward the child.
Neither parent starts ahead. If the parents live apart, a court may award custody to either parent or joint custody to both, and neither parent is presumed to have any right to custody superior to the other's.
Where the court has reasonable grounds to believe a child has been abused or neglected by a party, it determines whether abuse or neglect is likely to occur if that party has custody or visitation. Unless it specifically finds no likelihood of further abuse or neglect, it denies custody or visitation to that party, though it may approve supervised visitation that assures the child's safety and well being.
Ninety days' notice of a move, if ordered. A custody or visitation order may require either party to give at least 90 days' advance written notice of an intent to relocate the party's or the child's permanent residence. A petition over the move filed within 20 days of the notice is heard on an expedited basis. The court waives the notice where it would expose the child or a party to abuse, or for other good cause.
How a court weighs a child's best interests is largely case law, and is not reproduced here. Whether an order should change is a question for the court and for a licensed Maryland attorney.
Sources for this section (3)
- Md. Code, Fam. Law § 5-203 — Parents as joint natural guardians
- Md. Code, Fam. Law § 9-101 — Custody where there is evidence of abuse or neglect
- Md. Code, Fam. Law § 9-106 — Notice of a parent's relocation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.