2026 Maryland Family Law Update: Nicholson and Holiday Present at Harford County Family Law Conference

On September 22, 2026, Christopher W. Nicholson and Alexis L. Holiday presented the annual Maryland family law update at the Annual Harford County Family Law Conference, sponsored by Family Court Services in partnership with the Circuit Court Attorney’s Advisory Committee on Family Law. Chris has presented the case law and legislative update at this program every year since 2007.

The program walked judges, magistrates, and practitioners through the past year’s reported appellate decisions, new legislation, and amendments to the Maryland Rules affecting family law practice. Alexandra N. Comegys helped prepare the materials, which also drew on case summaries shared by the Honorable Fred S. Hecker, Administrative Judge of the Circuit Court for Carroll County, and by Paul Reinstein and Maureen Glackin.

Key Maryland Family Law Cases

Third-party custody when both parents have died. In Augustin v. Duncan, 269 Md. App. 656 (2026), the Appellate Court of Maryland addressed a new question: how custody is decided when a child’s parents are both deceased. The court held that the parental presumption, which normally requires a third party to show unfitness or exceptional circumstances, does not apply when there is no living parent whose constitutional rights it protects. A caregiver holding temporary custody under a court order does not stand in a parent’s shoes. Best interests of the child, applied through the factors in Family Law § 9-201, is the governing standard.

Protective orders and credibility. In Clarke v. Gibson, 492 Md. 557 (2025), the Supreme Court of Maryland held that disbelieving a respondent’s denial is not, on its own, affirmative evidence of abuse. The petitioner must still meet the burden of proof on the evidence in the record.

Settlement offer deadlines. In Pattison v. Pattison, 491 Md. 551 (2025), the Supreme Court held that a deadline for accepting a settlement agreement can be set in a cover letter delivered with the agreement, and that a party’s silence after a late signature does not waive that deadline.

No retroactive child support modification. Pellet v. Pellet, 267 Md. App. 539 (2025), confirms that under Family Law § 12-104, a court cannot modify child support for any period before a modification request is filed, and equitable defenses such as waiver do not create an exception. Informal emails between parents about reducing support are not a substitute for filing.

Military retirement division. Campbell v. Campbell, 269 Md. App. 249 (2026), held that where retirement pay results from both active and reserve service, a points-based calculation of the marital share is appropriate, and the award may be expressed as a fixed percentage acceptable to DFAS.

AI-generated citations. In Mezu v. Mezu, 267 Md. App. 354 (2025), counsel’s brief cited cases fabricated by generative AI. The Appellate Court referred counsel to the Attorney Grievance Commission, citing the rules on competence, certification of filings, and supervision of non-lawyer staff. The program also covered the U.S. District Court for the District of Maryland’s standing order on generative AI in court filings.

Other decisions discussed included Wallace v. Hawk (the heart balm statute does not bar fraud claims rooted in independent financial misrepresentations), Matter of Becker (child surname changes), Walston v. Lindsay (circuit court authority to issue intervening protective orders during a de novo appeal), Okafor v. Ojih (using an electronic recording in place of a transcript for exceptions), and Gambino v. State (recordings under Maryland’s Wiretap Act).

2026 Legislative Update

Several new laws take effect this year. House Bill 497 changes protective order timing: a temporary protective order will remain effective for up to 14 days after it issues, and the final hearing must be held within 14 days of issuance, effective October 1, 2026. Senate Bill 426 / House Bill 403, enacted after the General Assembly overrode the Governor’s veto, requires records custodians to deny public inspection of most divorce records, including settlement agreements, financial records, and custody orders, also effective October 1, 2026. Senate Bill 16 caps earnings withholding for lower-income child support obligors, and House Bill 289 allows casinos and video lottery facilities to intercept winnings to pay child support arrears.

Maryland Rules Amendments

Amendments effective July 1, 2026 update Rule 9-204.1 (parenting plans), Rule 9-204.2 (joint statements on decision-making and parenting time), and Rule 9-206 (child support guidelines, including the multi-family adjustment). Beginning October 1, 2026, Rule 2-422 will require a party responding to a request for production to restate each request alongside its response.

Questions About How These Changes Affect Your Case?

Changes in Maryland family law can affect custody, support, and settlement strategy in pending and future cases. If you have questions about how these developments may apply to your situation, contact Turnbull, Nicholson & Sanders to schedule a consultation.

This post is for general informational purposes only and is not legal advice.