Maryland Sole Custody Agreement

MARYLAND SOLE CUSTODY AGREEMENT

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

MARYLAND SOLE CUSTODY NOTICE

Maryland law recognizes that in certain circumstances, sole custody — where one parent holds exclusive legal and/or physical custody — best serves the child's welfare. Under Montgomery County v. Sanders, 38 Md. App. 406 (1978), and the codified factors of Fam. Law § 9-201 (HB 1191, eff. Oct. 1, 2025), the court evaluates the totality of circumstances.

Maryland does not presume joint custody. Under FL § 9-101, if there is credible evidence of abuse by a parent, the court presumes that custody or visitation rights should not be awarded to the abusive parent. However, sole custody may also be appropriate for non-abuse reasons, including high-conflict parenting, geographic distance, parental incapacity, or a parent's inability to cooperate in shared decision-making (a deficiency fatal to joint custody under Taylor v. Taylor, 306 Md. 290 (1986)).

I. CASE AND PARTY INFORMATION

Circuit Court for: [________________________________] County / Baltimore City

Case Number: [________________________________]

Custodial Parent

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

Non-Custodial Parent

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

Minor Child(ren)

II. BASIS FOR SOLE CUSTODY

2.1 Reason(s) Sole Custody Serves the Child(ren)'s Best Interests

☐ History of domestic violence or abuse by the Non-Custodial Parent (FL § 9-101 presumption applies)
☐ Active or recent protective order (Case No.: [________________________________])
☐ Substance abuse or dependency by the Non-Custodial Parent
☐ Inability of Parents to communicate and cooperate (Taylor v. Taylor factor)
☐ Geographic distance between Parents' residences
☐ Non-Custodial Parent's incarceration, deployment, or extended absence
☐ Non-Custodial Parent's mental health condition affecting parental fitness
☐ Non-Custodial Parent's voluntary agreement to sole custody
☐ Findings of a custody evaluator under Md. Rule 9-205.3
☐ Child(ren)'s preference (considered by Court based on age and maturity)
☐ Other: [________________________________]

Detailed explanation: [________________________________]

2.2 Best Interest Factors (FL § 9-201)

The Parents acknowledge that the Court evaluates custody under the sixteen factors codified in FL § 9-201 (eff. Oct. 1, 2025), including stability, the child's relationships, protection from conflict and violence, developmental needs, parenting roles, geographic proximity, communication ability, and the child's preference. The Parents represent that sole custody to the Custodial Parent satisfies these factors.

2.3 Domestic Violence Provisions (FL § 9-101)

☐ Applicable. Credible evidence of abuse exists. Under FL § 9-101, the Court presumes that custody or visitation should not be awarded to the party who has committed abuse. The Non-Custodial Parent's access is subject to the safety provisions in Section V of this Agreement.

☐ Not applicable. Sole custody is sought for reasons other than domestic violence.

III. SOLE LEGAL CUSTODY

3.1 Exclusive Decision-Making Authority

The Custodial Parent shall have sole legal custody and the exclusive right and responsibility to make all major decisions regarding the Child(ren), including:

(a) Education

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

(b) Health Care

• Selection of pediatricians, dentists, and specialists
• Authorization of medical, dental, and surgical procedures
• Vaccination decisions
• Management of chronic health conditions

(c) Mental and Behavioral Health

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

(d) Religious Upbringing

• Religious affiliation, instruction, and ceremonies

(e) Extracurricular Activities

• Enrollment in sports, arts, clubs, camps

(f) Travel

• Domestic and international travel decisions
• Passport applications (Note: Under federal law, both parents' consent may still be required for passport issuance for a minor)

3.2 Consultation with Non-Custodial Parent

☐ The Custodial Parent is not required to consult the Non-Custodial Parent on major decisions but may choose to do so.

☐ The Custodial Parent shall provide written notice to the Non-Custodial Parent of major decisions within [____] days after the decision is made, as a courtesy. The Non-Custodial Parent has no veto authority.

☐ The Custodial Parent shall consult the Non-Custodial Parent regarding the following limited categories, though the Custodial Parent retains final authority: [________________________________]

IV. SOLE PHYSICAL CUSTODY AND ACCESS SCHEDULE

4.1 Primary Residence

The Child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]

The Custodial Parent has sole authority over the Child(ren)'s day-to-day care, routines, discipline, and activities.

4.2 Non-Custodial Parent Access Schedule

☐ Option A: Standard Access

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek visit: [________________________________] from [____] to [____]
• Extended summer: [____] weeks with [____] days' advance written notice
• Holiday schedule per Section 4.3

☐ Option B: Expanded Access

• Alternating weekends: Friday after school to Monday morning school drop-off
• Two midweek visits per week: [________________________________]
• Extended summer: [____] weeks
• Holiday schedule per Section 4.3

☐ Option C: Supervised Access (see Section V for details)

• Frequency: [________________________________]
• Duration: [________________________________]
• Location: [________________________________]
• Supervisor: [________________________________]

☐ Option D: Restricted/No Access

• Access is suspended pending: [________________________________]
• The Non-Custodial Parent may petition the Circuit Court to establish or restore access upon a showing of changed circumstances.

☐ Option E: Custom Schedule
[________________________________]

4.3 Holiday and Special Occasion Schedule

Holiday access supersedes the regular schedule.

4.4 Exchanges

Exchange location:
☐ Custodial Parent's residence
☐ Non-Custodial Parent's residence
☐ Child(ren)'s school
☐ Neutral public location: [________________________________]
☐ Supervised exchange center: [________________________________]

Transportation:
☐ Non-Custodial Parent provides all transportation
☐ Custodial Parent provides all transportation
☐ Shared: [________________________________]

V. SUPERVISED ACCESS PROVISIONS (IF APPLICABLE)

☐ This section does not apply. The Non-Custodial Parent has unsupervised access.

☐ This section applies. The Non-Custodial Parent's access shall be supervised due to:
☐ Domestic violence history (FL § 9-101)
☐ Substance abuse concerns
☐ Mental health concerns
☐ Court order
☐ Other: [________________________________]

5.1 Supervision Requirements

Type of supervision:
☐ Professional supervised visitation center
Name/Location: [________________________________]
☐ Designated third-party supervisor
Name: [________________________________]
Relationship: [________________________________]
☐ Therapeutic supervision (by licensed mental health professional)

5.2 Conditions for Transition to Unsupervised Access

The Non-Custodial Parent may petition the Court for modification to unsupervised access upon demonstrating:

☐ Completion of a batterer's intervention program or domestic violence treatment
☐ Completion of substance abuse treatment and sustained sobriety for [____] months, confirmed by random testing
☐ Completion of a parenting education program (beyond Md. Rule 9-204 requirements)
☐ Favorable psychological or custody evaluation under Md. Rule 9-205.3
☐ Recommendation of the supervising professional
☐ Sustained compliance with the supervised access schedule for [____] months
☐ Other: [________________________________]

5.3 Safety Protocols

(a) The Non-Custodial Parent shall not be under the influence of alcohol or controlled substances during access.
(b) The supervisor shall have authority to terminate any visit if the Child(ren)'s safety is at risk.
(c) The Non-Custodial Parent shall not remove the Child(ren) from the supervised location.
(d) The Non-Custodial Parent shall not discuss the litigation, disparage the Custodial Parent, or interrogate the Child(ren).

VI. MARYLAND PROCEDURAL REQUIREMENTS

6.1 Parenting Education (Md. Rule 9-204)

☐ Both Parents have completed the parenting education seminar.
☐ Both Parents shall complete the seminar within [____] days.

6.2 Mediation (Md. Rule 9-205)

☐ Parents have participated in mediation.
☐ Mediation was waived due to domestic violence (FL § 4-501).
☐ Mediation was waived because: [________________________________]

Note: Under Md. Rule 9-205(b), a party may object to mediation on the ground that abuse of the party or child has occurred. The Court may still order mediation if appropriate safety measures are in place.

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

☐ A Best Interest Attorney (BIA) has been appointed for the Child(ren).
Name: [________________________________]
☐ An Advocate Attorney has been appointed.
Name: [________________________________]
☐ No attorney appointed for the Child(ren).

6.4 Custody Evaluation (Md. Rule 9-205.3)

☐ A custody evaluation was ordered and completed.
Evaluator: [________________________________]
Date: [__/__/____]
☐ A specific-issue evaluation was conducted regarding: [________________________________]
☐ No evaluation was ordered.

VII. RELOCATION (FL § 9-106)

7.1 Custodial Parent Relocation

FL § 9-106 does not create an automatic right to relocate within Maryland or an automatic consent requirement for an out-of-state move. Instead, the Parents request that the Court include this order-specific condition under § 9-106(a)(1): Before relocating the permanent residence of the Custodial Parent or Child(ren), the Custodial Parent shall give at least 90 days' advance written notice to ☐ the Non-Custodial Parent ☐ the Court ☐ both. If notice to the Non-Custodial Parent is ordered, certified mail, return receipt requested, to the last known address is deemed sufficient under § 9-106(a)(3). Any custody modification prompted by relocation requires a case-specific best-interest analysis under Domingues v. Johnson, 323 Md. 486 (1991).

7.2 Non-Custodial Parent Relocation

If the Court includes the same § 9-106(a)(1) condition for the Non-Custodial Parent, that Parent shall give at least 90 days' advance written notice to the recipients identified in the order. Either Parent may seek modification if a relocation materially affects the access schedule.

7.3 Expedited Hearing

If either Parent files a petition regarding the proposed relocation within 20 days of notice required by the order, the Court shall set an expedited hearing under FL § 9-106(a)(4)(i). The Court shall also expedite a petition concerning a relocation that would significantly interfere with the predetermined parenting-time schedule. FL § 9-106(a)(4)(ii).

VIII. COMMUNICATION AND ACCESS TO RECORDS

8.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable communication between the Child(ren) and the Non-Custodial Parent:

☐ Daily phone/video calls at approximately [____] for up to [____] minutes
☐ [____] times per week at approximately [____]
☐ As mutually agreed upon

The Custodial Parent shall not monitor, record, or interfere with the Child(ren)'s private communication with the Non-Custodial Parent, except where safety concerns justify reasonable oversight.

8.2 Access to Records

The Non-Custodial Parent shall have access to all records concerning the Child(ren) under Md. Code, Fam. Law § 9-104, including:

• School records (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Notification of school events and parent-teacher conferences

The Custodial Parent shall provide copies of report cards and significant medical information within [____] days of receipt.

8.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of any:

• Medical emergency or hospitalization
• Serious illness or injury
• Involvement with law enforcement
• School suspension or expulsion
• Any event materially affecting the Child(ren)'s welfare

IX. ADDITIONAL COVENANTS

9.1 Non-Disparagement

Neither Parent shall make disparaging remarks about the other in the Child(ren)'s presence or engage in alienating conduct.

9.2 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority, the Child(ren)'s primary residence, or the Child(ren)'s daily routines.

9.3 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 prior.

9.4 Firearms Safety

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

9.5 Health Insurance

[________________________________] shall maintain health insurance for the Child(ren).

Unreimbursed medical expenses shall be allocated:
☐ 100% to the Custodial Parent
☐ Equally (50/50)
☐ Proportional to income: Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Other: [________________________________]

9.6 Right of First Refusal

☐ If the Custodial Parent is unavailable for more than [____] hours, the Non-Custodial Parent shall be offered the opportunity to care for the Child(ren) before third-party childcare is arranged.
☐ Not applicable.

X. DISPUTE RESOLUTION

10.1 The Parents shall first attempt direct communication to resolve disputes.

10.2 If direct communication fails, the Parents shall engage in mediation under Md. Rule 9-205, except where domestic violence makes mediation inappropriate.

10.3 If mediation fails, either Parent may petition the Circuit Court for [________________________________] County / Baltimore City.

10.4 Either Parent may seek emergency relief at any time to protect the Child(ren)'s safety.

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

XI. 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 affecting the Child(ren)'s welfare. McMahon v. Piazze, 162 Md. App. 588 (2005).

Under FL § 9-101.1, if new credible evidence of abuse arises after the custody order, the non-abusive Parent may petition for modification based on the Child(ren)'s safety.

XII. GENERAL PROVISIONS

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

12.2 Forum Selection. The Circuit Court for [________________________________] County / Baltimore City retains exclusive, continuing jurisdiction.

12.3 Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

12.4 Integration. This Agreement constitutes the entire understanding between the Parents regarding custody.

12.5 Voluntary Execution. Each Parent represents that this Agreement is executed voluntarily, without coercion or duress.

XIII. EXECUTION

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

Custodial Parent:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Non-Custodial Parent:

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 Sole Custody Agreement, the representations of the parties, and the best interest factors of Fam. Law § 9-201, the Court finding that sole custody to the Custodial Parent serves the best interests of the minor child(ren), it is this [____] day of [____________], [________]:

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

ORDERED that [________________________________] (Custodial Parent) shall have sole legal and physical custody of the minor child(ren); and it is further

ORDERED that [________________________________] (Non-Custodial Parent) shall have access as specified herein; and it is further

ORDERED that the Parents shall comply with all terms of this Agreement.

_________________________________
Judge, Circuit Court for [________________________________]

SOURCES AND REFERENCES

• Montgomery County v. Sanders, 38 Md. App. 406, 381 A.2d 1154 (1978) — Best interest factors
• Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986) — Joint custody factors (explains when joint custody is NOT appropriate)
• Md. Code, Fam. Law § 5-203 — Equal parental rights
• Md. Code, Fam. Law § 9-101 — Presumption against custody to abusive parent
• Md. Code, Fam. Law § 9-101.1 — Modification based on abuse evidence
• Md. Code, Fam. Law § 9-104 — Access to records
• Md. Code, Fam. Law § 9-106 — Relocation notice
• Md. Code, Fam. Law § 9-201 (HB 1191, Ch. 483, eff. Oct. 1, 2025) — Codified Best Interest Factors
• Md. Code, Fam. Law § 4-501 et seq. — Domestic violence protective orders
• Md. Rule 9-204 — Parenting education
• Md. Rule 9-205 — Mediation
• Md. Rule 9-205.1 — Best Interest Attorney / child's attorney
• Md. Rule 9-205.3 — Custody evaluations
• McMahon v. Piazze, 162 Md. App. 588 (2005) — Modification standard
• Domingues v. Johnson, 323 Md. 486 (1991) — Relocation analysis
• Maryland Courts — Custody & Visitation
• Maryland People's Law Library