Maryland Parenting Plan

Introduction

Key Things to Know

1. 1

   In Maryland, a parenting plan is the written document in which two parents set out legal custody (which the plan calls decision-making authority) and physical custody (which the plan calls parenting time) for their children, whether they are divorcing, were never married, or are changing an existing custody order.

2. 2

   Maryland requires a parenting plan: the court requires parties to submit one in any Maryland case that involves the custody of a minor child (it is not required in Child in Need of Assistance cases).

3. 3

   In Maryland, legal custody is the right to make major decisions about a child (the plan calls this decision-making authority), and physical custody is when the child spends time with each party (parenting time); each can be joint or sole.

4. 4

   A Maryland court decides custody by the best interest of the child, and the factors are codified: the court may consider the factors listed in Family Law Article Section 9-201 and must articulate its findings, including each factor.

5. 5

   Maryland provides statewide forms to create the plan: the Parenting Plan Tool (CC-DR-109) and Parenting Plan Instructions (CC-DRIN-109).

6. 6

   Parties in Maryland who cannot agree on a plan must submit a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time (CC-DR-110).

7. 7

   A Maryland parenting plan covers how the parties will make major decisions about a child and when the child spends time with each party, so it can be as general or as detailed as the family needs.

Maryland Requirements for Parenting Plan

• Parenting Plan Required in Every Custody Case

  Maryland requires a parenting plan. The court requires parties to submit a parenting plan in any Maryland case that involves the custody of a minor child, and a parenting plan is required in any case a party asks the court for custody or to modify custody. It is not required in Child in Need of Assistance cases.

• Legal Custody and Physical Custody

  In Maryland, legal custody is the right to make major decisions about a child, which the parenting plan frames as decision-making authority, and physical custody is when the child spends time with each party, framed as parenting time. Each can be joint or sole.

• Best Interest With Codified Factors

  A Maryland court decides custody by the best interest of the child. In determining what legal custody and physical custody is in the best interest of a child, the court may consider the factors listed in Family Law Article Section 9-201, and the court must articulate its findings of fact on the record or in a written opinion, including the consideration of each factor.

• Parenting Plan Tool and Instructions

  Maryland provides statewide Judiciary forms to create the plan: the Maryland Parenting Plan Tool (CC-DR-109) and the Parenting Plan Instructions (CC-DRIN-109). Parties receive both documents at their first court appearance. Your plan can be general or detailed, as your family needs.

• Joint Statement When Parties Disagree

  Parties in Maryland who cannot agree on a parenting plan must submit a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time (CC-DR-110). It shows the court where the parties agree and where they differ so the court can decide the disputed issues.

• Decision-Making Authority Detail

  Your Maryland plan should state whether legal custody is joint or sole and how the parties will make major decisions about the children's education, health care, and religious upbringing. The parenting plan frames these major decisions as decision-making authority.

• Parenting-Time Schedule

  Your plan should describe parenting time, when the child spends time with each party: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. This is the physical custody side of the Maryland parenting plan.

• Court Approval and Parenting Programs

  A Maryland parenting plan takes effect only when the court approves it in the best interest of the child under Family Law Article Section 9-201. Any co-parenting or parent-education program requirement comes from local circuit court family-services practice rather than a statewide statute, so check your circuit court.