Category Archives: Child Custody
Modifying Custody or Child Support Orders in Maryland: When Is It Allowed?
Custody and child support orders are designed to provide stability for children and clarity for parents, but life circumstances can change. When they do, the existing court order may no longer reflect what is best for the child or fair for the parents. At Fanning Law, our La Plata Divorce and Family Lawyers regularly… Read More »
New Maryland Child Custody Guidelines Take Effect
In May 2025, Maryland Gov. Wes Moore signed into law HB1191/SB0548, which codifies the factors that judges must use in deciding child custody cases. The legislation formally took effect on October 1, 2025. This article contains a brief explanation of the new legislation and how it alters existing Maryland child custody law. Common Law… Read More »
Can Keeping Guns Affect Your Child Custody Rights in Maryland?
The Second Amendment protects every American’s “right to keep and bear arms.” And while Maryland has somewhat more restrictive gun laws than other states, generally any law-abiding person over the age of 21 can obtain a license to purchase, own, and carry a handgun. That said, a police officer or family member can ask… Read More »
Can a Parent Force Their Child to Testify in a Maryland Custody Modification Hearing?
Child custody disputes in Maryland obviously focus on what is in the best interests of the child. In making such a determination, a judge may consider the child’s own “preference.” Indeed, if the judge refuses to consider the child’s preference, that can be grounds for overturning a final custody order on appeal. Appellate Court:… Read More »
When Must a Maryland Court Consider Whether to Modify a Child Custody Order?
Raising a child is not a static situation. Things can and do change as that child grows up. The parents’ situation may also change as well. They may start out married, only to later divorce. When that happens, a Maryland court must step in and determine how to award legal and physical custody of… Read More »
Can a Maryland Grandparent Demand Visitation Rights After a Grandchild’s Parent Dies?
Grandparents often form a close bond with their grandchildren. This bond may be strengthened in times of tragedy or grief, such as when the grandchild’s parent dies. But how does Maryland law deal with a situation where a grandparent seeks visitation rights over the objection of the surviving parent? Appellate Court: Mother’s Death Not… Read More »
When Can a Maryland Judge Change the Last Name of a Child?
Historically, Maryland courts followed a rule that said a father had the right to have his children bear his last name. And while many people in the 2020s still follow that custom, it is no longer a strict legal mandate. Indeed, under Article 46 of the Maryland Declaration of Rights, equality under the law… Read More »
What Is the Role of “Reunification Therapy” in a Maryland Child Custody Dispute?
We all recognize that divorce is a traumatic experience for young children caught in the middle of their parents’ failing marriage. That trauma does not magically heal once the judge signs a final custody and visitation order. To the contrary, it is quite common for the child to become alienated from one or both… Read More »
How Does “Tie-Breaking Authority” Work in Maryland Child Custody Cases?
Maryland child custody law makes a distinction between physical and legal custody. Physical custody determines who the child lives with and how much time they spend with each parent. Legal custody, in contrast, deals with the division of decision-making authority. For example, if parents have shared legal custody they must agree on certain major… Read More »
Understanding “De Facto Parenthood” in Maryland Family Law
In 2016, the Maryland Court of Appeals–now the Supreme Court of Maryland–recognized a legal concept known as “de facto parenthood.” A de facto parent is someone who claims custody or visitation rights with a non-biological, non-adopted child. The case before the Court, Conover v. Conover, addressed a same-sex couple who conceived a child through… Read More »