By Michael Phillips
In a move hailed by some as progress and by others as political theater, Maryland Governor Wes Moore has signed a bill into law that formally codifies the child custody factors judges are to “consider” when ruling on custody and visitation disputes. The legislation aims to bring clarity, consistency, and fairness to a system long criticized for its opacity and alleged bias. But for many parents and advocates who’ve experienced the family courts firsthand, the question remains:
Will this actually change anything—or just give cover to more of the same?
What the Law Does
The new law, set to take effect on October 1, 2025, takes what has traditionally been a common law framework—developed through years of piecemeal court rulings—and codifies it into Maryland statute. Judges are now instructed to consider a list of “best interest” factors when making custody decisions. These include:
- The child’s emotional and physical needs
- Each parent’s ability to meet those needs
- The nature of the child’s relationship with each parent
- Any history of abuse or neglect
- The willingness of each parent to support the child’s relationship with the other
Supporters claim this statutory clarity will enhance transparency, consistency, and fairness across counties and courtrooms. But for many litigants, codification means little if the people interpreting the law are unaccountable.
“Consider” — The Legal Loophole That Swallows the Law
While the language of the bill appears promising, the key word is “consider.” Judges are not required to follow these factors, rank them, or even cite them in their rulings. They are only obligated to acknowledge that they thought about them.
And in Maryland’s closed, often unrecorded family courtrooms, that acknowledgment can be nothing more than lip service.
“It’s judicial gaslighting,” said a father from Montgomery County who’s been denied visitation for over a year. “They say they reviewed the factors, but they don’t cite a single one. Then you’re stuck with no appeal, no record, and no justice.”
In practice, this allows judges to ignore even the most glaring red flags—abuse, manipulation, parental alienation—and side with the more financially or politically connected party, all while claiming to have “considered” the law.
Codification ≠ Accountability
Legal scholars warn that while codifying factors may help attorneys organize their arguments, it does nothing to address systemic issues: lack of judicial oversight, court bias, sealed records, and near-impossible appeals.
“It’s a structural problem,” said Bruce Eden, a national father’s rights advocate. “Judges can still do whatever they want. They’ve just got a prettier checklist now.”
Family court critics also point out that codified statutes have existed in other states for years—yet the same patterns of judicial bias, parental alienation, and due process violations persist. The law may change. The culture rarely does.
A System of Shadows
Maryland’s family courts often operate behind closed doors. Most custody cases are heard without juries, transcripts, or meaningful public records. Judges have near-total discretion, and litigants—especially self-represented ones—have little recourse when that discretion leads to devastating outcomes.
Parents from across the state report routine violations of constitutional rights, including:
- Denial of due process
- Lack of ADA accommodations
- Custody decisions without factual findings
- Ignoring evidence of parental alienation
- Retaliation against parents who file complaints or seek recourse
Political Optics or Real Reform?
Governor Wes Moore has built his brand on progressive reform, but critics say this bill is more symbolic than structural.
“Wes Moore can sign all the bills he wants,” said a mother from Anne Arundel County. “But unless he tackles the corruption in the judiciary and the private cottage industry around custody litigation, this is window dressing. People are still losing their kids based on lies and court politics.”
What Needs to Happen
For codification to mean anything, advocates argue that Maryland must go much further:
- Mandate written findings tied to each custody factor
- Require audio/video recordings in all custody hearings
- Ensure appealable decisions with independent oversight
- Create a citizen review board to audit family court outcomes
- Enforce constitutional protections for parental rights and due process
- Disqualify judges or attorneys with financial or relational conflicts of interest
Until these structural reforms are made, parents and children will remain vulnerable to a system where rights are theoretical—and justice is often denied.
Call to Action
If you or someone you know has been impacted by family court injustice in Maryland, now is the time to speak up. Share your story, organize with other families, and demand independent oversight of custody cases.
Laws mean nothing if the judges who apply them face no accountability.
Join Father & Co. on Substack or connect with national parental rights advocates like Fathers’ Rights Movement, NAFCJ, and Family Court Reform USA to take action.
Because “consider” is not enough when your child’s future is on the line.
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