EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0849*
SENATE BILL 849
D4 2lr2087
CF 2lr2086
By: Senator West
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Child Custody – Legal Decision–Making and Parenting Time 2
FOR the purpose of repealing references to the terms “child custody” and “visitation” in 3
certain instances and substituting the terms “legal decision–making” and “parenting 4
time” in certain instances; authorizing the court, in determining certain legal 5
decision–making authority and parenting time in certain child custody proceedings, 6
to consider certain factors; authorizing the court to award joint legal 7
decision–making to both parents or make other modifications to a custody or 8
visitation order under certain circumstances; prohibiting a parent from unilaterally 9
making certain decisions concerning a child without agreement of the other parent 10
or order of the court under certain circumstances; and generally relating to child 11
custody, visitation, legal decision–making, and parenting time. 12
BY repealing 13
Article – Family Law 14
Section 5–203(d) and 9–107 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Family Law 19
Section 9–101 and 9–103 to be under the amended subtitle “Subtitle 1. Definitions; 20
General Provisions” and the amended title “Title 9. Custodial Arrangements 21
for Children”; and 9–201 through 9–204 to be under the new subtitle “Subtitle 22
2. Legal Decision–Making and Parental Responsibility – Judicial 23
Determinations” 24
Annotated Code of Maryland 25
(2019 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Family Law 28 2 SENATE BILL 849
Section 9–101, 9–101.1, 9–101.2, 9–103, 9–104, 9–105, 9–106, and 9–108 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2021 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Family Law 6
5–203. 7
[(d) (1) If the parents live apart, a court may award custody of a minor child to 8
either parent or joint custody to both parents. 9
(2) Neither parent is presumed to have any right to custody that is superior 10
to the right of the other parent.] 11
Title 9. [Child Custody and Visitation] CUSTODIAL ARRANGEMENTS FOR CHILDREN. 12
Subtitle 1. [In General] DEFINITIONS; GENERAL PROVISIONS. 13
9–101. 14
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 15
INDICATED. 16
(B) “CHILD” MEANS AN INDI VIDUAL UNDER THE AGE OF 18 YEARS. 17
(C) (1) “LEGAL DECISION–MAKING” MEANS THE RIGHT AND OBLIGATION 18
TO MAKE MAJOR LONG –TERM DECISIONS INVOL VING MEDICAL CARE , MENTAL 19
HEALTH, EDUCATION, RELIGIOUS TRAINING , EXTRACURRICULAR ACTI VITIES, AND 20
OTHER MATTERS OF MAJ OR SIGNIFICANCE CONCE RNING A CHILD ’S LIFE AND 21
WELFARE. 22
(2) “LEGAL DECISION–MAKING” IS ALSO KNOWN AS LEG AL CUSTODY. 23
(D) “PARENT” MEANS A BIOLOGICAL P ARENT, AN ADOPTIVE PARENT , OR AN 24
INDIVIDUAL A COURT H AS DEEMED TO BE A DE FACTO PARENT . 25
(E) (1) “PARENTING TIME” MEANS: 26
(I) THE TIME A CHILD IS IN A PARENT’S CARE ACCORDING TO 27
AN AGREEMENT OR A CO URT–ORDERED SCHEDULE ; AND 28
(II) THE RIGHT AND OBLIGA TION OF A PARENT TO PROVIDE A 29 SENATE BILL 849 3
HOME FOR THE CHILD , ADDRESS THE CHILD ’S NEEDS, AND MAKE THE DAY –TO–DAY 1
DECISIONS REQUIRED D URING THE TIME THE C HILD IS WITH THAT PA RENT. 2
(2) “PARENTING TIME ” IS ALSO KNOWN AS PHY SICAL CUSTODY , 3
VISITATION, OR ACCESS. 4
9–103. 5
(A) A COURT MAY AWARD LEGA L DECISION–MAKING OR PARENTING TIME 6
TO ONE PARENT OR JOI NTLY TO THE PARENTS. 7
(B) NO PARENT IS PRESUMED TO HAVE ANY RIGHT TO LEGAL 8
DECISION–MAKING OR PARENTING TIME THAT IS SUPERIO R TO THE RIGHT OF 9
ANOTHER PARENT . 10
[9–101.] 9–104. 11
(a) In any [custody or visitation] LEGAL DECISION –MAKING OR 12
PARENTING–TIME proceeding, if the court has reasonable grounds to believe that a child 13
has been abused or neglected by a party to the proceeding, the court shall determine 14
whether abuse or neglect is likely to occur if [custody or visitation] LEGAL 15
DECISION–MAKING OR PA RENTING–TIME rights are granted to the party. 16
(b) Unless the court specifically finds that there is no likelihood of further child 17
abuse or neglect by the party, the court shall deny [custody or visitation] LEGAL 18
DECISION–MAKING OR PARENTING –TIME rights to that party, except that the court may 19
approve a supervised [visitation] PARENTING–TIME arrangement that assures the safety 20
and the physiological, psychological, and emotional well–being of the child. 21
[9–101.1.] 9–105. 22
(a) In this section, “abuse” has the meaning stated in § 4–501 of this article. 23
(b) In a [custody or visitation] LEGAL DECISION –MAKING OR 24
PARENTING–TIME proceeding, the court shall consider[, when deciding custody or 25
visitation issues,] evidence of abuse by a party against: 26
(1) the other parent of the party’s child; 27
(2) the party’s spouse; or 28
(3) any child residing within the party’s household, including a child other 29
than the child who is the subject of the [custody or visitation] proceeding. 30
(c) If the court finds that a party has committed abuse against the other parent 31 4 SENATE BILL 849
of the party’s child, the party’s spouse, or any child residing within the party’s household, 1
the court shall make arrangements for [custody or visitation] LEGAL DECISION –MAKING 2
OR PARENTING TIME that best protect: 3
(1) the child who is the subject of the proceeding; and 4
(2) the victim of the abuse. 5
[9–101.2.] 9–106. 6
(a) Except as provided in subsection (b) of this section, unless good cause for the 7
award of [custody or visitation] LEGAL DECISION –MAKING OR PARENTING TIME is 8
shown by clear and convincing evidence, a court may not award [custody of a child or 9
visitation with a child] LEGAL DECISION –MAKING OR PARENTING TIME: 10
(1) to a parent who has been found by a court of this State to be guilty of 11
first degree or second degree murder of the other parent of the child, another child of the 12
parent, or any family member residing in the household of either parent of the child; or 13
(2) to a parent who has been found by a court of any state or of the United 14
States to be guilty of a crime that, if committed in this State, would be first degree murder 15
or second degree murder of the other parent of the child, another child of the parent, or any 16
family member residing in the household of either parent of the child. 17
(b) If it is in the best interest of the child, the court may approve a supervised 18
[visitation] PARENTING–TIME arrangement that assures the safety and the physiological, 19
psychological, and emotional well–being of the child. 20
[9–103.] 9–107. 21
(a) A child who is 16 years old or older and who is subject to a custody order or 22
decree OR A LEGAL DECISION –MAKING OR PARENTING –TIME ORDER OR DECREE may 23
file a petition to change custody OR LEGAL DECISION –MAKING OR PARENTING TIME. 24
(b) A petitioner under this section may file the proceeding in the petitioner’s own 25
name and need not proceed by guardian or next friend. 26
(c) Notwithstanding any other provision of this article, if a petitioner under this 27
section petitions a court to amend a cust ody order or decree OR A LEGAL 28
DECISION–MAKING OR PARENTING –TIME ORDER OR DECREE , the court: 29
(1) shall hold a hearing; and 30
(2) may amend the order or decree and [place the child in the custody of] 31
GRANT LEGAL DECISION –MAKING OR PARENTING TIME TO the parent designated by 32
the child. 33 SENATE BILL 849 5
[9–104.] 9–108. 1
Unless otherwise ordered by a court, access to medical, dental, and educational 2
records concerning the child may not be denied to a parent [because the parent does not 3
have physical custody of the child]. 4
[9–105.] 9–109. 5
[In any custody or visitation proceeding, if] IF the court determines that a party to 6
a custody or visitation order OR LEGAL DECISION –MAKING OR PARENTING –TIME 7
ORDER has unjustifiably denied or interfered with [visitation] THE RIGHTS granted by [a 8
custody or visitation] THE order, the court may, in addition to any other remedy available 9
to the court and in a manner consistent with the best interests of the child, take any or all 10
of the following actions: 11
(1) order that the [visitation] PARENTING TIME be rescheduled; 12
(2) modify the custody or visitation OR LEGAL DECISION –MAKING OR 13
PARENTING–TIME order to require additional terms or conditions designed to ensure 14
future compliance with the order; or 15
(3) assess costs or counsel fees against the party who has unjustifiably 16
denied or interfered with [visitation] PARENTING–TIME rights. 17
[9–106.] 9–110. 18
(a) (1) Except as provided in subsection (b) of this section, in any [custody or 19
visitation] LEGAL DECISION –MAKING OR PARENTING –TIME proceeding the court [may] 20
SHALL include as a condition of a [custody or visitation] LEGAL DECISION –MAKING OR 21
PARENTING–TIME order a requirement that either party provide advance written notice 22
of at least 90 days to the court, the other party, or both, of the intent to relocate the 23
permanent residence of the party or the child either within or outside the State. 24
(2) The court may prescribe the form and content of the notice requirement. 25
(3) If the court orders that notice be given to the other party, a mailing of 26
the notice by certified mail, return receipt requested, to the last known address of the other 27
party shall be deemed sufficient to comply with the notice requirement. 28
(4) If either party files a petition regarding a proposed relocation within 20 29
days of the written notice of the relocation required by paragraph (1) of this subsection, the 30
court shall set a hearing on the petition on an expedited basis. 31
(b) On a showing that notice would expose the child or [either] A party to abuse 32 6 SENATE BILL 849
as defined in § 4–501 of this article or for any other good cause the court shall waive the 1
notice required by this section. 2
(c) If [either] A party is required to relocate in less than the 90–day period 3
specified in the notice requirement, the court may consider as a defense to any action 4
brought for a violation of the notice requirement that: 5
(1) relocation was necessary due to financial or other extenuating 6
circumstances; and 7
(2) the required notice was given within a reasonable time after learning 8
of the necessity to relocate. 9
(d) The court may consider any violation of the notice requirement as a factor in 10
determining the merits of any subsequent proceeding involving [custody or visitation] 11
LEGAL DECISION –MAKING OR PARENTING TIME. 12
[9–107. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) (i) “Disability” means: 15
1. a physical or mental impairment that substantially limits 16
one or more of an individual’s major life activities; 17
2. a record of having a physical or mental impairment that 18
substantially limits one or more of an individual’s major life activities; or 19
3. being regarded as having a physical or mental impairment 20
that substantially limits one or more of an individual’s major life activities. 21
(ii) “Disability” shall be construed in accordance with the ADA 22
Amendments Act of 2008, P.L. 110–325. 23
(3) “Supportive parenting services” means services that may assist an 24
individual with a disability in the effective use of techniques and methods to enable the 25
individual to discharge the individual’s responsibilities to a child as successfully as an 26
individual who does not have a disability, including nonvisual techniques for individuals 27
who are blind. 28
(b) (1) In any custody or visitation proceeding, the disability of a party is 29
relevant only to the extent that the court finds, based on evidence in the record, that the 30
disability affects the best interest of the child. 31
(2) The party alleging that the disability of the other party affects the best 32
interest of the child bears the burden of proving that the disability of the other party affects 33 SENATE BILL 849 7
the best interest of the child. 1
(3) If the burden of proof is met, the party who has a disability shall have 2
the opportunity to prove that supportive parenting services would prevent a finding that 3
the disability affects the best interest of the child. 4
(4) If the court finds that the disability of a party affects the best interest 5
of the child and denies or limits custody or visitation, the court shall specifically state in 6
writing: 7
(i) the basis for the finding; and 8
(ii) the reason that the provision of supportive parenting services is 9
not a reasonable accommodation to prevent the finding.] 10
[9–108.] 9–111. 11
(a) In this section: 12
(1) “deployment” means compliance with military orders received by a 13
member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National 14
Guard, or any other Reserve component to report for combat operations or other active 15
service for which the member is required to report unaccompanied by any family member 16
or that is classified by the member’s branch as remote; and 17
(2) “deployment” does not include National Guard or Reserve annual 18
training, inactive duty days, or drill weekends. 19
(b) Any order or modification of an existing child custody or visitation order OR 20
LEGAL DECISION –MAKING OR PARENTING –TIME ORDER issued by a court during a 21
term of a deployment of a parent shall specifically reference the deployment of the parent. 22
(c) (1) A parent who petitions the court for an order or modification of an 23
existing child custody or visitation order OR LEGAL DECISION –MAKING OR 24
PARENTING–TIME ORDER after returning from a deployment shall specifically reference 25
the date of the end of the deployment in the petition. 26
(2) (i) If the petition under paragraph (1) of this subsection is filed 27
within 30 days after the end of the deployment of the parent, the court shall set a hearing 28
on the petition on an expedited basis. 29
(ii) If the court finds that extenuating circumstances prohibited the 30
filing of the petition within 30 days after the end of the deployment of the parent, the court 31
may set a hearing on the petition on an expedited basis whenever the petition is filed. 32
(d) Any [custody or visitation] LEGAL DECISION–MAKING OR 33 8 SENATE BILL 849
PARENTING–TIME order issued based on the deployment of a parent shall require that: 1
(1) the other parent reasonably accommodate the leave schedule of the 2
parent who is subject to the deployment; 3
(2) the other parent facilitate opportunities for telephone and electronic 4
mail contact between the parent who is subject to the deployment and the child during the 5
period of deployment; and 6
(3) the parent who is subject to the deployment provide timely information 7
regarding the parent’s leave schedule to the other parent. 8
SUBTITLE 2. LEGAL DECISION–MAKING AND PARENTAL RESPONSIBILITY – 9
JUDICIAL DETERMINATIONS . 10
9–201. 11
THE PURPOSES OF THIS SUBTITLE ARE TO : 12
(1) PROMOTE STABILITY AN D LONG–TERM HEALTH AND WELF ARE 13
FOR CHILDREN BY : 14
(I) ENSURING THAT CHILDR EN HAVE FREQUENT , REGULAR, 15
CONTINUING, AND EXTENDED CONTACT WITH PARENTS WHO HAV E THE ABILITY TO 16
ACT IN THE BEST INTE REST OF THEIR CHILDR EN; 17
(II) CREATING FAMILY AND CASE–SPECIFIC PARENTING –TIME 18
SCHEDULES FOR DAY –TO–DAY ACCESS, SHARED HOLIDAYS , VACATIONS, CULTURAL 19
OR RELIGIOUS EVENTS , AND PARTICIPATION IN SPECIAL OCCASIONS WI TH THE 20
EXTENDED FAMILY OF T HE PARENTS; 21
(III) ENCOURAGING PARENTS TO SHARE IN THE RIGH TS AND 22
RESPONSIBILITIES OF RAISING THEIR CHILDR EN WHEN THE PARENTS DO NOT 23
RESIDE TOGETHER ; AND 24
(IV) FOSTERING CHILDREN ’S RELATIONSHIPS WITH SIBLINGS 25
AND WITH SIGNIFICANT ADULTS IN THE CHILDR EN’S LIVES; 26
(2) PROVIDE CHILDREN WIT H PHYSICAL AND EMOTI ONAL SECURITY 27
AND PROTECTION FROM EXPOSURE TO CONFLICT AND VIOLENCE ; AND 28
(3) PROVIDE FOR AN EXPED ITIOUS, THOUGHTFUL , AND CONSISTENT 29
PROCESS FOR DECISION –MAKING BY COURTS TO PROTECT THE BEST INT EREST OF 30
CHILDREN. 31
SENATE BILL 849 9
9–202. 1
(A) SUBJECT TO THE PROVIS IONS OF §§ 9–104, 9–105, AND 9–106 OF THIS 2
TITLE, IN DETERMINING WHAT LEGAL DEC ISION–MAKING AUTHORITY AND 3
PARENTING TIME IS IN THE BEST INTEREST OF THE CHILD, THE COURT MAY 4
CONSIDER THE FOLLOWI NG FACTORS: 5
(1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 6
CHILD; 7
(2) FREQUENT, REGULAR, AND CONTINUING CONTA CT WITH PARENTS 8
WHO CAN ACT IN THE C HILD’S BEST INTEREST; 9
(3) WHETHER AND HOW PARE NTS WHO DO NOT LIVE TOGETHER WILL 10
SHARE THE RIGHTS AND RESPONSIBILITIES OF RAISING THE CHILD ; 11
(4) THE CHILD’S RELATIONSHIP WITH EACH PARENT , ANY SIBLINGS, 12
OTHER RELATIVES , AND INDIVIDUALS WHO ARE OR MAY BECOME IMPORT ANT IN THE 13
CHILD’S LIFE; 14
(5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 15
PROTECTION FROM CONF LICT AND VIOLENCE ; 16
(6) THE CHILD’S DEVELOPMENTAL NEED S, INCLUDING PHYSICAL 17
SAFETY, EMOTIONAL SECURITY , POSITIVE SELF–IMAGE, INTERPERSONAL SKILLS , 18
AND INTELLECTUAL AND COGNITIVE GROWTH ; 19
(7) THE DAY–TO–DAY NEEDS OF THE CHI LD, INCLUDING EDUCATION , 20
SOCIALIZATION, CULTURE AND RELIGION , FOOD, SHELTER, CLOTHING, AND 21
MENTAL AND PHYSICAL HEALTH; 22
(8) HOW TO: 23
(I) PLACE THE CHILD ’S NEEDS ABOVE THE PA RENTS’ NEEDS; 24
(II) PROTECT THE CHILD FR OM THE NEGATIVE EFFE CTS OF ANY 25
CONFLICT BETWEEN THE PARENTS; AND 26
(III) MAINTAIN THE CHILD ’S RELATIONSHIP WITH THE PARENTS, 27
SIBLINGS, OTHER RELATIVES , OR OTHER INDIVIDUALS WHO HAVE OR LIKELY MAY 28
HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD; 29
(9) THE AGE OF THE CHILD ; 30
10 SENATE BILL 849
(10) ANY MILITARY DEPLOYM ENT OF A PARENT AND ITS EFFECT, IF 1
ANY, ON THE PARENT –CHILD RELATIONSHIP ; 2
(11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 3
(12) EACH PARENT ’S ROLE AND TASKS REL ATED TO THE CHILD AN D 4
HOW, IF AT ALL, THOSE ROLES AND TASK S HAVE CHANGED ; 5
(13) THE LOCATION OF EACH PARENT’S HOME AS IT RELATES TO THEIR 6
ABILITY TO COORDINAT E PARENTING TIME , SCHOOL, AND ACTIVITIES; 7
(14) THE PARENTS’ RELATIONSHIP WITH EAC H OTHER, INCLUDING: 8
(I) HOW THEY COMMUNICATE WITH EACH OTHER ; 9
(II) WHETHER THEY CAN CO –PARENT WITHOUT DISRU PTING 10
THE CHILD’S SOCIAL AND SCHOOL LIFE; AND 11
(III) HOW THE PARENTS WILL RESOLVE ANY DISPUTES IN THE 12
FUTURE WITHOUT T HE NEED FOR COURT IN TERVENTION; 13
(15) THE CHILD’S PREFERENCE , IF AGE–APPROPRIATE ; AND 14
(16) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 15
IN DETERMINING HOW T O BEST SERVE THE PHY SICAL, DEVELOPMENTAL , AND 16
EMOTIONAL NEEDS OF T HE CHILD. 17
(B) THE COURT SHALL ARTICULA TE ITS FINDINGS OF F ACT ON THE RECORD 18
OR IN A WRITTEN OPIN ION, INCLUDING THE CONSID ERATION OF EACH FACT OR 19
LISTED IN SUBSECTION (A) OF THIS SECTION AND ANY OTHER FACTOR THA T THE 20
COURT CONSIDERED . 21
9–203. 22
(A) IF THE COURT DETERMIN ES THAT THE PARENTS ARE ABLE TO 23
COMMUNICATE AND REAC H JOINT DECISIONS CO NCERNING SOME OR ALL OF THE 24
CHILD’S NEEDS DESCRIBED IN § 9–202(A) OF THIS SUBTITLE , THE COURT MAY 25
AWARD: 26
(1) JOINT LEGAL DECISION –MAKING TO THE PARENT S; 27
(2) JOINT LEGAL DECISION –MAKING TO THE PARENTS , DESIGNATING 28
ONE PARENT TO MAKE F INAL DECISIONS IF TH E PARENTS ARE UNABLE TO AGREE 29
AFTER A THOROUGH DIS CUSSION OF THE ISSUE S; OR 30 SENATE BILL 849 11
(3) JOINT LEGAL DECISION –MAKING TO THE PARENT S, ALLOCATING 1
RESPONSIBILITY FOR S PECIFIC ISSUES TO EA CH PARENT, IF THE PARENTS ARE 2
UNABLE TO AGREE AFTE R A THOROUGH DISCUSS ION OF THE ISSUES. 3
(B) IF THE COURT AWARDS J OINT LEGAL DECISION –MAKING AUTHORITY 4
UNDER SUBSECTION (A)(1) OF THIS SECTION, NO PARENT, WITHOUT AGREEMENT OF 5
THE OTHER PARENT OR PARENTS OR OR DER OF THE COURT , MAY UNILATERALLY 6
MAKE MAJOR DECISIONS INVOLVING THE CHILD ’S HEALTH, EDUCATION, RELIGION, 7
CULTURE, OR MEDICAL CARE OR A NY OTHER MATTER OF M AJOR SIGNIFICANCE 8
CONCERNING THE CHILD ’S LIFE OR WELFARE . 9
9–204. 10
(A) THE COURT MAY MODIFY , IN ACCORDANCE WITH THE PRO VISIONS OF 11
THIS SUBTITLE , A CHILD CUSTODY OR V ISITATION ORDER OR A LEGAL 12
DECISION–MAKING OR PARENTING –TIME ORDER IF THE CO URT DETERMINES THAT 13
THERE HAS BEEN A MAT ERIAL CHANGE IN CIRC UMSTANCES SINCE THE ISSUANCE OF 14
THE ORDER THAT RELAT ES TO THE NEEDS OF TH E CHILD OR THE ABILI TY OF THE 15
PARENTS TO MEET THOS E NEEDS AND SUCH MOD IFICATION IS IN THE BEST 16
INTEREST OF THE CHIL D. 17
(B) A PARENT’S PROPOSAL TO RELOCA TE THE RESIDENCE OF THE PARENT 18
OR THE CHILD IN A WA Y THAT WOULD CAUSE P ARENTING TIM E TO BE 19
IMPRACTICABLE CONSTI TUTES A MATERIAL CHA NGE IN CIRCUMSTANCES . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22