Title 5. Children — Subtitle 2. Parent and Child
Statutes in effect as of October 1, 2026.
Md. Code Ann., Fam. Law § 5-201 (2026)
Title 5. Children
Subtitle 2. Parent and Child
§ 5–201LinkCopy Citation
This subtitle does not affect any law that relates to the appointment of a third person as guardian of the person of a minor child because:
(1)
the child’s parents are unsuitable; or
(2)
the child’s interest would be affected adversely if the child remains under the natural guardianship of either of the child’s parents.
Md. Code Ann., Fam. Law § 5-202 (2026)
Title 5. Children
Subtitle 2. Parent and Child
§ 5–202LinkCopy Citation
When a criminal or equity court of this State annuls a marriage, or when an equity court of this State decrees an absolute divorce for a reason that makes the marriage void ab initio, the court in the decree shall declare each child of the marriage to be a legitimate child of the parties to the marriage.
Md. Code Ann., Fam. Law § 5-203 (2026)
Title 5. Children
Subtitle 2. Parent and Child
§ 5–203LinkCopy Citation
(a)
(1)
The parents are the joint natural guardians of their minor child.
(2)
A parent is the sole natural guardian of the minor child if the other parent:
(i)
dies;
(ii)
abandons the family; or
(iii)
is incapable of acting as a parent.
(b)
The parents of a minor child, as defined in § 1–103 of the General Provisions Article:
(1)
are jointly and severally responsible for the child’s support, care, nurture, welfare, and education; and
(2)
have the same powers and duties in relation to the child.
(c)
If one or both parents of a minor child is an unemancipated minor, the parents of that minor parent are jointly and severally responsible for any child support for a grandchild that is a recipient of temporary cash assistance to the extent that the minor parent has insufficient financial resources to fulfill the child support responsibility of the minor parent.
(d)
(1)
If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents.
(2)
Neither parent is presumed to have any right to custody that is superior to the right of the other parent.
Md. Code Ann., Fam. Law § 5-204 (2026)
Title 5. Children
Subtitle 2. Parent and Child
§ 5–204LinkCopy Citation
(a)
(1)
If a minor child has only 1 parent, the domicile of the child is the same as that of the parent.
(2)
If the parents of a minor child live together, and the child lives with them, the domicile of the child is the same as that of the parents.
(b)
If the parents of a minor child live apart, the domicile of the child is the same as that of:
(1)
the parent to whom custody is awarded; or
(2)
if custody has not been awarded, the parent with whom the child lives.
(c)
If a minor child does not live with either parent, the domicile of the child is the same as that of the person who acts in the capacity of a parent.
Md. Code Ann., Fam. Law § 5-205 (2026)
Title 5. Children
Subtitle 2. Parent and Child
§ 5–205LinkCopy Citation
One parent, to the exclusion of the other parent, is entitled to the services and earnings of a minor child if:
(1)
that parent has been awarded custody of the child; or
(2)
the other parent has abandoned the child or is dead.
Md. Code Ann., Fam. Law § 5-206 (2026)
Title 5. Children
Subtitle 2. Parent and Child
§ 5–206LinkCopy Citation
(a)
One parent, to the exclusion of the other parent, may sue for the loss of services and earnings of the parent’s minor child if:
(1)
the loss was caused by:
(i)
the seduction of the child; or
(ii)
an injury wrongfully or negligently inflicted on the child; and
(2)
that parent has been awarded custody of the child or the other parent has abandoned the child or is dead.
(b)
This section does not affect any provision of the Maryland Workers’ Compensation Act.