Maryland Divorce with Children: Custody, Parenting Plans, and Required Steps

Divorcing with minor children in Maryland adds specific requirements on top of the standard filing process — a parenting plan, child support forms, a court-ordered education seminar when applicable, and potentially temporary orders while the case is pending.

Here's what's different when children are involved.

Additional Forms Required

Beyond the standard Complaint (CC-DR-020) and Case Information Report (CC-DCM-001), parents must file:

Parenting Plan (CC-DR-109 or CC-DR-110) — This outlines legal custody (who makes major decisions), physical custody (where the children live), and a detailed visitation schedule.

• Form CC-DR-109 is the full "Parenting Plan Tool" — a comprehensive worksheet
• Form CC-DR-110 is the "Joint Statement Concerning Decision-Making Authority and Parenting Time" — used when both parents agree

Financial statements for child support — Choose based on combined gross monthly income:

• CC-DR-030 — "Financial Statement - Child Support Guidelines" for combined gross monthly income of $30,000/month or less
• CC-DR-031 — "Financial Statement - General" for combined gross monthly income above $30,000/month; it is also required for alimony or complex property disputes regardless of income

The appropriate financial statement supports the presumptive child support amount under Maryland's statutory formula, which considers income, number of children, health insurance costs, work-related childcare, and the custody arrangement.

The 6-Hour Parenting Education Seminar

Under Maryland Rule 9-204(b), the court may order both parents to attend a court-approved education seminar when child support, custody, or visitation is involved. Attendance is mandatory when ordered, including contested custody or visitation matters; it is not automatic in every case with children. Key details:

• Duration: 6 hours (one or two sessions)
• Cost: $25-$100 per parent, depending on the provider
• Content: Emotional impact of divorce on children, transition strategies between households, communication skills, conflict resolution
• Deadline: Must be completed within the timeframe set by your county's case management plan
• Online options: Check your court's approved provider list; availability and accepted providers vary by county
• Fee waivers: Available for low-income parents

When both parents are ordered to attend, each must complete the seminar independently — providers schedule opposing parties separately for safety.

If a parent refuses to attend, the court can't jail or fine them, but the judge can consider non-compliance as a negative factor when deciding custody and visitation.

Temporary Orders (Pendente Lite)

If you need immediate relief while the divorce is pending — before the final decree — either parent can request temporary orders:

• Temporary custody: Establishes where children will live during the case
• Temporary child support: Sets interim payment obligations
• Use and possession: Grants one parent exclusive use of the family home
• Pendente lite alimony: Temporary spousal support during litigation

Temporary orders require a separate motion and hearing. They're particularly important in contested cases that may take 12-24 months to resolve.

How Child Support Is Calculated

Maryland uses an "income shares" model. The basic calculation:

1. Determine each parent's monthly gross income
2. Combine both incomes
3. Look up the basic child support obligation on the guidelines table (based on number of children and combined income)
4. Each parent's share = their percentage of combined income × total obligation
5. Adjust for health insurance premiums, work-related childcare, and extraordinary medical expenses

The parent with fewer than 92 overnights per year typically pays their share to the custodial parent. In shared physical custody arrangements (each parent has more than 25% of the year's overnights, or at least 92 overnights), the calculation uses a different formula that accounts for duplicated expenses.

Custody Types Explained

Legal custody — Decision-making authority over major life areas: education, healthcare, religious upbringing, and extracurricular activities. Can be sole (one parent decides) or joint (both parents collaborate).

Physical custody — Where the children actually live. Primary physical custody means the children live primarily with one parent; shared physical custody means each parent has more than 25% of the year's overnights (at least 92 overnights).

Maryland courts always decide custody based on the best interests of the child standard. Factors include each parent's fitness, the child's preference (if mature enough), stability of proposed living arrangements, and willingness to facilitate the other parent's relationship.

Court-Ordered Mediation

In contested custody cases, the Circuit Court will refer parents to mediation before trial. A court-approved mediator (40+ hours basic training, 20+ hours domestic relations specialization) helps parents negotiate a parenting plan without going through a trial.

Mediation is not ordered or may be waived for an active domestic-violence protective order, child abuse, neglect, or severe domestic instability.

File Correctly When Children Are Involved

The Maryland Divorce Filing Process Guide includes a children-specific filing checklist, child support worksheet instructions, and a custody agreement framework — ensuring you don't miss required forms or deadlines that could delay your case.

See more Maryland guides →