In and around the DMV, it is not entirely uncommon for separated or divorced parents to reside in different counties, or even states. When one parent lives in Maryland and the other lives in the District, for example, parents might find themselves wondering whether they are better off pursuing a custody action in one jurisdiction over the other.
Regardless of the Jurisdiction – An Initial Recommendation
My universal recommendation would be to focus first on reaching a child-centered outcome either in direct negotiations between the parents (if reasonably possible) or with the assistance of a qualified neutral, such as an attorney mediator or mental health professional with training in mediating parenting plans.
That process is best navigated after a parent has sought legal advice to understand his/her rights under the law. And unfortunately, some cases simply cannot be resolved outside of Court.
For many years, the legal standard for deciding custody cases in both Maryland and D.C. was the same: the best interest of the child standard. Various cases were cited in establishing the factors the Court should consider when determining the best interest of the child. But over the years, although the best interest of the child has remained paramount, the standards in Maryland and D.C. for determining what is in the best interest of a particular child have become more distinct.
If I Can’t Negotiate a Settlement, What is The “Best Interest” Standard in Washington, DC?
In 1996, D.C. passed a law establishing a presumption of joint custody as being in the best interest of the child.
The law provides for a rebuttable presumption that joint legal and joint physical custody are in the best interest of every child.
The presumption does not apply in cases where there has been abuse, neglect, or other bad acts known as “intra-family offenses,” and in such cases, there is a rebuttable presumption against joint custody.
Judges in D.C. continue to have wide discretion in deciding custody cases, and must consider a wide array of factors when determining what custody arrangement is in the best interest of any child. However, in D.C., there is a greater burden on the Court to justify any decision other than joint legal or physical custody, unless an intra-family offense has been established.
This creates an uphill battle for any parent seeking sole legal or primary physical custody.
If I Can’t Negotiate a Settlement, What is the “Best Interest” Standard in Maryland?
In 2025, Maryland passed a law codifying the factors that courts are to consider in determining the best interest of the child.
Some examples from the longer list of factors the Judges consider include:
- The child’s relationship with each parent;
- The sincerity of each parent’s requests for custody;
- The health of the parents and the child;
- The demands of parental employment;
- The capacity of the parents to communicate to reach shared decisions; and
- Any potential disruption to the child’s social and school life.
Maryland law requires trial judges to articulate their findings of fact relative to each factor.
Unlike the District of Columbia, which has a presumption in favor of joint custody, there is no such presumption in favor of joint custody or primary custody to either parent.
This can lead to widely different outcomes depending on the Judge hearing your case, based on how he or she weighs certain factors over others, taking into consideration his/her own biases and lived experience.
Final Thoughts
While judges in both jurisdictions maintain significant discretion in custody cases, the burden of proof in Maryland and D.C. can be quite different depending on the facts of a particular case and the legal presumptions at play.
While lawyers may advise one jurisdiction as preferred over the other, in most cases, litigation should be a last resort to resolving custody disputes regardless of the legal standard that will be applied.
Meg Rosan, Esq. chairs the firm’s Family Law and Mediation practice groups. She is barred in Maryland and D.C., and is regularly appointed by area judges to represent children in contested custody cases. If you’re unsure of how to approach an initial custody case or a custody modification case in Maryland or D.C., Meg may be able to help.
