Maryland Joint Custody Agreement

MARYLAND JOINT CUSTODY AGREEMENT

Pursuant to Md. Code, Family Law Article §§ 5-203, 9-101 et seq.

MARYLAND JOINT CUSTODY NOTICE

Under Maryland law, there is no statutory presumption in favor of or against joint custody. The Court of Appeals in Taylor v. Taylor, 306 Md. 290 (1986), established specific factors a court must evaluate when considering joint custody, in addition to the general best interest factors. Effective October 1, 2025, the best interest factors are codified in Fam. Law § 9-201 (HB 1191).

Maryland distinguishes between joint legal custody (shared decision-making authority) and joint physical custody (the child resides with both parents in an arrangement providing substantially equal or significant time with each). Joint custody requires the demonstrated ability of both parents to communicate and cooperate regarding the child's welfare.

I. CASE AND PARTY INFORMATION

Circuit Court for: [________________________________] County / Baltimore City

Case Number: [________________________________]

Parent A

Full Legal Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Attorney (if any): [________________________________]
Employer: [________________________________]

Parent B

Full Legal Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Attorney (if any): [________________________________]
Employer: [________________________________]

Minor Child(ren)

II. TAYLOR v. TAYLOR JOINT CUSTODY ANALYSIS

The Parents acknowledge that in Taylor v. Taylor, 306 Md. 290 (1986), the Court of Appeals held that the following factors must be evaluated when considering joint custody. The Parents represent that joint custody is appropriate because:

2.1 Capacity to Communicate and Reach Shared Decisions

Taylor identified this as the "most important factor" in determining joint custody. The Parents affirm that they:

☐ Can communicate respectfully about the Child(ren)'s welfare
☐ Can make shared decisions regarding education, health care, and other major issues
☐ Have demonstrated the ability to separate parenting responsibilities from any interpersonal conflict
☐ Agree to use the following communication method: [________________________________]

2.2 Willingness to Share Custody

☐ Both Parents voluntarily agree to share custody and parenting responsibilities.
☐ Neither Parent has been coerced into this arrangement.

2.3 Fitness of Each Parent

☐ Each Parent represents that he or she is physically, mentally, and emotionally fit to care for the Child(ren).
☐ Neither Parent has a history of abuse, neglect, or substance dependency that would affect parental fitness.

2.4 Relationship Between Child(ren) and Each Parent

☐ The Child(ren) have a meaningful, established relationship with both Parents.
☐ Description of each parent's role and involvement: [________________________________]

2.5 Child(ren)'s Preference

☐ The Child(ren) are of sufficient age and maturity to have expressed a preference, which has been considered.
☐ The Child(ren) are too young to express a meaningful preference.

Note: Maryland does not set a specific age threshold. The Court considers the child's maturity and ability to form a rational judgment. FL § 9-201(15).

2.6 Potential Disruption to Child(ren)'s Social and School Life

☐ The proposed arrangement minimizes disruption to the Child(ren)'s school, friendships, and extracurricular activities.
☐ School district(s): [________________________________]

2.7 Geographic Proximity of Parental Homes

Parent A's distance from Child(ren)'s school: [________________________________]
Parent B's distance from Child(ren)'s school: [________________________________]
Distance between Parent A and Parent B residences: [________________________________]

2.8 Demands of Parental Employment

Parent A's typical work schedule: [________________________________]
Parent B's typical work schedule: [________________________________]

2.9 Age and Number of Children

[________________________________]

2.10 Sincerity of Request

☐ Both Parents affirm that this joint custody arrangement is sought in good faith for the Child(ren)'s benefit, not for financial advantage or to gain tactical leverage.

III. JOINT LEGAL CUSTODY

3.1 Shared Decision-Making Authority

The Parents shall share joint legal custody and shall jointly make all major decisions affecting the Child(ren)'s welfare, including:

(a) Education

• School enrollment, transfers, and withdrawal
• Special education services, IEP/504 plans
• Tutoring, enrichment programs
• College planning

(b) Health Care

• Selection of physicians, dentists, specialists
• Non-emergency medical, dental, and vision care
• Surgical and orthodontic procedures
• Vaccinations and immunizations

(c) Mental and Behavioral Health

• Selection of therapists, counselors, psychiatrists
• Psychological testing and evaluations
• Medication for behavioral or emotional conditions

(d) Religious Upbringing

• Religious affiliation and instruction
• Participation in religious ceremonies (baptism, bar/bat mitzvah, confirmation)

(e) Extracurricular Activities

• Enrollment in sports, clubs, lessons
• Camp and summer programs
• Activities involving significant cost or time commitment

(f) Travel

• Out-of-state travel exceeding [____] days
• International travel (both Parents must consent; passport applications require both signatures)

3.2 Decision-Making Process

(a) The Parent initiating a decision shall notify the other Parent in writing (email or co-parenting app) with sufficient detail and reasonable time for response.

(b) The other Parent shall respond within [____] business days (5 days recommended).

(c) If the Parents cannot agree after good-faith discussion, they shall:

• First, attempt informal resolution
• Second, engage in mediation per Md. Rule 9-205
• Third, petition the Circuit Court for resolution

(d) Emergency decisions: The Parent with physical custody may make emergency medical decisions when delay would endanger the Child. The other Parent must be notified immediately.

3.3 Tie-Breaking Mechanism (Optional)

☐ Not applicable. All decisions require mutual agreement; unresolved disputes go to mediation or Court.

☐ Applicable. For the following categories only, if the Parents are unable to agree after mediation, [________________________________] shall have final authority:

• [________________________________]

IV. JOINT PHYSICAL CUSTODY — ACCESS SCHEDULE

4.1 Regular Parenting Time Schedule

The Parents shall share physical custody according to the following schedule:

☐ Week-on/Week-off (7/7)
Parent A: [________________________________] at [____] through [________________________________] at [____]
Parent B: Alternating week on the same pattern.
Exchange day: [________________________________]

☐ 2-2-3 Rotation
Monday-Tuesday: Parent [____]
Wednesday-Thursday: Parent [____]
Friday through Sunday: Alternating (Parent A Week 1, Parent B Week 2)

☐ 5-2-2-5 Schedule
Monday-Friday: Alternating in 5-day blocks
Weekends: Alternating

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

4.2 Holiday and Special Occasion Schedule

Holidays supersede the regular schedule. The receiving Parent shall pick up or receive the Child(ren) at the designated time.

4.3 Summer Schedule

☐ Regular schedule continues through summer.
☐ Modified summer schedule: [________________________________]

Each Parent shall have [____] weeks of uninterrupted vacation time during summer with at least 30 days' written notice to the other Parent. Vacation does not conflict with the other Parent's pre-planned vacation.

4.4 Exchanges and Transportation

Primary exchange location: [________________________________]

Alternative exchange location: [________________________________]

Transportation arrangement:
☐ Receiving Parent picks up the Child(ren)
☐ Delivering Parent drops off the Child(ren)
☐ Parents share equally, alternating
☐ School serves as exchange point on school days
☐ Other: [________________________________]

Exchange time: [________________________________]

Late arrival policy: If either Parent will be more than [____] minutes late for an exchange, that Parent must notify the other Parent by phone or text. If more than [____] minutes late without notice, the exchange may be forfeited for that period.

V. MARYLAND PROCEDURAL REQUIREMENTS

5.1 Parenting Education (Md. Rule 9-204)

☐ Both Parents have completed the parenting education seminar required by Md. Rule 9-204.
Completion certificates attached: ☐ Yes ☐ To be filed
☐ Both Parents agree to complete the seminar within [____] days.

County-specific notes:

• Baltimore County: Parents must complete the six-hour online Co-Parenting Class before mediation.
• Montgomery County: The Family Division Services Department provides information on approved programs.
• Prince George's County: The Family Division offers a free Family Law Orientation session.

5.2 Mediation (Md. Rule 9-205)

☐ The Parents have participated in mediation.
☐ The Parents agree to mediate any future disputes before filing a motion with the Court.
☐ Mediation was waived because: [________________________________]

5.3 Best Interest Attorney (Md. Rule 9-205.1)

☐ A Best Interest Attorney has been appointed: [________________________________]
☐ An Advocate Attorney has been appointed: [________________________________]
☐ No child's attorney has been appointed.

5.4 Custody Evaluation (Md. Rule 9-205.3)

☐ A custody evaluation has been conducted by: [________________________________]
☐ No evaluation was conducted or ordered.

VI. COMMUNICATION AND CO-PARENTING

6.1 Parent-to-Parent Communication

Parents shall communicate regarding the Child(ren) through:
☐ Co-parenting application (OurFamilyWizard, TalkingParents, or similar)
☐ Email
☐ Text message for time-sensitive matters only
☐ Other: [________________________________]

Communication shall be respectful, child-focused, and free from disparaging or hostile language.

6.2 Parent-Child Communication

Each Parent shall facilitate reasonable phone and/or video communication between the Child(ren) and the other Parent during that Parent's custodial time:

☐ Daily at approximately [____] for up to [____] minutes
☐ As mutually agreed
☐ Other: [________________________________]

Neither Parent shall monitor, record, or interfere with the Child(ren)'s private communication with the other Parent.

6.3 Information Sharing

Both Parents shall have full and equal access to all records concerning the Child(ren) under Md. Code, Fam. Law § 9-104, including:

• School records, report cards, teacher communications
• Medical, dental, vision, and mental health records
• Extracurricular activity schedules
• Emergency contact listings (both Parents listed)

Each Parent shall promptly notify the other of:

• Medical emergencies or significant illness
• School disciplinary issues
• Involvement with law enforcement
• Any issue materially affecting the Child(ren)'s welfare

6.4 Non-Disparagement and Anti-Alienation

Neither Parent shall:

• Make negative or disparaging remarks about the other Parent in the Child(ren)'s presence
• Discuss litigation or financial disputes with or around the Child(ren)
• Use the Child(ren) as a messenger between Parents
• Interrogate the Child(ren) about the other Parent's household
• Engage in conduct designed to undermine the Child(ren)'s relationship with the other Parent

VII. RELOCATION (FL § 9-106)

7.1 Notice Requirement

If either Parent intends to relocate the permanent residence of the Parent or Child(ren), that Parent shall provide at least 90 days' advance written notice to the other Parent and to the Court by certified mail, return receipt requested, pursuant to FL § 9-106.

7.2 Contents of Notice

The relocation notice shall include:
(a) Proposed new address
(b) Date of proposed relocation
(c) Reason for the move
(d) Proposed revised access schedule
(e) Statement of how the move serves the Child(ren)'s best interests

7.3 Objection and Expedited Hearing

If the non-relocating Parent files a petition within 20 days of receiving the notice, the Court shall schedule an expedited hearing per FL § 9-106(d). The Court will apply the Domingues v. Johnson, 323 Md. 486 (1991), relocation factors.

7.4 Waiver for Abuse

The Court may waive the notice requirement if notice would expose the Child(ren) or a party to abuse as defined in FL § 4-501.

VIII. ADDITIONAL PROVISIONS

8.1 Right of First Refusal

☐ If either Parent is unavailable to care for the Child(ren) for more than [____] consecutive hours during their access time, that Parent shall first offer the time to the other Parent before using third-party childcare.
☐ Not applicable.

8.2 Introduction of Significant Others

Neither Parent shall introduce a new romantic partner to the Child(ren) on an overnight basis until the relationship has been established for at least [____] months.

8.3 Substance Use

Neither Parent shall consume alcohol to impairment or use controlled dangerous substances (Md. Code, Crim. Law § 5-101) during access time or within [____] hours before.

8.4 Firearms Safety

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the Child(ren), consistent with Md. Code, Public Safety § 5-133.

8.5 Health Insurance

[________________________________] shall maintain health insurance for the Child(ren). Unreimbursed medical, dental, and mental health expenses shall be allocated:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

8.6 Tax Dependency Exemption

☐ Parents shall alternate claiming the Child(ren) as dependents (Parent A in even years, Parent B in odd years).
☐ Parent [____] shall claim all Child(ren) each year.
☐ Other: [________________________________]

IX. DISPUTE RESOLUTION

9.1 Parents shall first attempt to resolve disputes through direct communication.

9.2 If direct communication fails, Parents shall engage in mediation under Md. Rule 9-205 with a qualified family mediator.

9.3 If mediation is unsuccessful, either Parent may petition the Circuit Court for [________________________________] County / Baltimore City for resolution.

9.4 Either Parent may seek emergency relief from the Court at any time to protect the Child(ren)'s safety or welfare.

9.5 The prevailing party in any enforcement action may seek reasonable attorney's fees, subject to Court discretion.

X. MODIFICATION

This Agreement may be modified only by:
(a) Written consent of both Parents filed with and approved by the Court; or
(b) Court order upon a showing of material change in circumstances under McMahon v. Piazze, 162 Md. App. 588 (2005).

XI. GENERAL PROVISIONS

11.1 Governing Law. This Agreement is governed by the Maryland Family Law Article and Maryland Rules of Procedure.

11.2 Forum Selection. The Circuit Court for [________________________________] County / Baltimore City has exclusive, continuing jurisdiction over this matter.

11.3 Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.

11.4 Integration. This Agreement constitutes the entire understanding between the Parents regarding custody and supersedes all prior agreements.

11.5 Annual Review. The Parents agree to review this Agreement at least annually and to negotiate modifications in good faith as the Child(ren)'s needs evolve.

XII. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Joint Custody Agreement.

Parent A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Parent B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF MARYLAND )
) ss.
COUNTY/CITY OF [________________________________] )

I, [________________________________], solemnly affirm under the penalties of perjury that the contents of this Agreement are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________
Date: [__/__/____]

I, [________________________________], solemnly affirm under the penalties of perjury that the contents of this Agreement are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________
Date: [__/__/____]

CONSENT ORDER

IN THE CIRCUIT COURT FOR [________________________________] COUNTY / BALTIMORE CITY

Case No.: [________________________________]

Upon consideration of the foregoing Joint Custody Agreement, the representations of the parties, the Taylor v. Taylor factors applicable to joint custody, and the best interest factors of Fam. Law § 9-201, the Court finding that this Agreement serves the best interests of the minor child(ren), it is this [____] day of [____________], [________]:

ORDERED that the Joint Custody Agreement is approved and incorporated into a Consent Order of this Court; and it is further

ORDERED that the Parents shall share joint legal and physical custody as set forth herein; and it is further

ORDERED that the Parents shall comply with all terms of this Agreement, and any violation may be enforced through contempt proceedings.

_________________________________
Judge, Circuit Court for [________________________________]

SOURCES AND REFERENCES

• Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986) — Joint custody factors
• Montgomery County v. Sanders, 38 Md. App. 406, 381 A.2d 1154 (1978) — Best interest factors (case law)
• Md. Code, Fam. Law § 5-203 — Equal parental rights
• Md. Code, Fam. Law §§ 9-101 through 9-109 — Child custody and visitation
• Md. Code, Fam. Law § 9-201 (HB 1191, Ch. 483, eff. Oct. 1, 2025) — Codified Best Interest Factors
• Md. Rule 9-204 — Parenting education seminar
• Md. Rule 9-205 — Mediation of custody and visitation disputes
• Md. Rule 9-205.1 — Best Interest Attorney / child's attorney roles
• Md. Rule 9-205.3 — Custody and visitation-related assessments
• Md. Code, Fam. Law § 9-106 — Relocation notice requirements
• Domingues v. Johnson, 323 Md. 486 (1991) — Relocation analysis
• Maryland Courts — Family Division
• Maryland People's Law Library — Child Custody