How to File for Custody in Maryland

Filing for custody in Maryland starts at your county's circuit court. Whether you're married and filing alongside a divorce or unmarried and filing a standalone custody complaint, the process follows the same procedural steps. Here's what you need to know to file correctly the first time.

Step 1: Confirm Maryland Has Jurisdiction

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Maryland courts can only hear your custody case if Maryland is the child's "home state" — meaning the child has lived here continuously for at least six months before filing. If the child is under six months old, they must have lived in Maryland since birth.

If your child recently moved from another state, you may need to file in the state where they previously lived. Getting this wrong means your case gets dismissed.

Step 2: Choose the Right Form

Married parents filing for custody as part of a divorce use the Complaint for Absolute Divorce (CC-DR-020), which includes custody requests.

Unmarried parents or married parents who aren't ready for divorce file a standalone Complaint for Custody (CC-DR-004) in the circuit court of the county where the child lives.

Both forms require a Civil Domestic Case Information Report (CC-DCM-001) filed alongside.

Step 3: Pay the Filing Fee

The base filing fee is $165 across all Maryland counties. Some counties add administrative surcharges — Prince George's County charges $175 for self-represented filers and $185 for attorney-filed cases. Harford County charges $185 for attorney filings.

If you can't afford the fee, submit a Request for Waiver of Prepaid Costs with your complaint. A judge reviews the waiver request. If denied, you have 10 days to pay the full fee — and your complaint is still dated from the original filing date.

Step 4: Serve the Other Parent

After filing, the clerk issues a Writ of Summons. You cannot serve the papers yourself — Maryland law requires an adult third party (private process server or county sheriff) to deliver them.

The responding parent's deadline to file an Answer depends on where they're served:

• Within Maryland: 30 days
• Another US state: 60 days
• Outside the US: 90 days

If the other parent doesn't respond within the deadline, you can file a Request for Order of Default (CC-DR-054) and proceed without them.

Step 5: Attend the Scheduling Conference

Within 30-45 days of the Answer being filed, the court schedules a status or scheduling conference. At this conference, the case is assigned to a track under the county's Differentiated Case Management plan, setting deadlines for discovery, mediation, and hearings.

This is also when the court issues the Maryland Parenting Plan Instructions (CC-DRIN-109) and orders both parents to work on a parenting plan.

Filing Without a Lawyer

Maryland's circuit courts maintain self-help centers where staff can help you select the right forms and explain filing procedures. However, self-help center staff are legally barred from giving strategic advice — they can't tell you what custody arrangement to request or how to present your case.

The Maryland Judiciary website (mdcourts.gov) provides all custody forms for free download. Many counties also offer guided interviews that walk you through form completion online.

Key tips for pro se filers:

• Print all digital evidence. Maryland judges will not view text messages, emails, or photos on your phone. Everything must be physically printed.
• Bring three copies of every document — one for the court, one for the other parent, and one for yourself.
• Dress professionally and address the judge as "Your Honor." Courts take decorum seriously.

What Happens After Filing

Maryland has no mandatory waiting period between filing and finalizing custody. Your timeline depends on whether the case is contested or uncontested:

Uncontested: Both parents agree on terms, complete the Maryland Parenting Plan Tool (CC-DR-109), and submit it for judicial review. A final hearing can happen within a few months.

Contested: Expect court-ordered mediation (up to 4 hours across 2 sessions), possible custody evaluations, and a trial where the judge decides. Contested cases typically take 6-18 months depending on the county's docket.

Get Organized Before You File

The filing process is straightforward, but the strategic decisions that follow — what schedule to propose, how to address the 16 best-interest factors, what to bring to mediation — require preparation. The Maryland Custody & Parenting Plan Guide walks you through each step from filing to final order.

See more Maryland guides →