MD
Maryland Senate Bill SB849

Maryland 2022 Regular Session

Maryland Senate Bill SB849 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
55 *sb0849*
66
77 SENATE BILL 849
88 D4 2lr2087
99 CF 2lr2086
1010 By: Senator West
1111 Introduced and read first time: February 7, 2022
1212 Assigned to: Judicial Proceedings
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Child Custody – Legal Decision–Making and Parenting Time 2
1919
2020 FOR the purpose of repealing references to the terms “child custody” and “visitation” in 3
2121 certain instances and substituting the terms “legal decision–making” and “parenting 4
2222 time” in certain instances; authorizing the court, in determining certain legal 5
2323 decision–making authority and parenting time in certain child custody proceedings, 6
2424 to consider certain factors; authorizing the court to award joint legal 7
2525 decision–making to both parents or make other modifications to a custody or 8
2626 visitation order under certain circumstances; prohibiting a parent from unilaterally 9
2727 making certain decisions concerning a child without agreement of the other parent 10
2828 or order of the court under certain circumstances; and generally relating to child 11
2929 custody, visitation, legal decision–making, and parenting time. 12
3030
3131 BY repealing 13
3232 Article – Family Law 14
3333 Section 5–203(d) and 9–107 15
3434 Annotated Code of Maryland 16
3535 (2019 Replacement Volume and 2021 Supplement) 17
3636
3737 BY adding to 18
3838 Article – Family Law 19
3939 Section 9–101 and 9–103 to be under the amended subtitle “Subtitle 1. Definitions; 20
4040 General Provisions” and the amended title “Title 9. Custodial Arrangements 21
4141 for Children”; and 9–201 through 9–204 to be under the new subtitle “Subtitle 22
4242 2. Legal Decision–Making and Parental Responsibility – Judicial 23
4343 Determinations” 24
4444 Annotated Code of Maryland 25
4545 (2019 Replacement Volume and 2021 Supplement) 26
4646
4747 BY repealing and reenacting, with amendments, 27
4848 Article – Family Law 28 2 SENATE BILL 849
4949
5050
5151 Section 9–101, 9–101.1, 9–101.2, 9–103, 9–104, 9–105, 9–106, and 9–108 1
5252 Annotated Code of Maryland 2
5353 (2019 Replacement Volume and 2021 Supplement) 3
5454
5555 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
5656 That the Laws of Maryland read as follows: 5
5757
5858 Article – Family Law 6
5959
6060 5–203. 7
6161
6262 [(d) (1) If the parents live apart, a court may award custody of a minor child to 8
6363 either parent or joint custody to both parents. 9
6464
6565 (2) Neither parent is presumed to have any right to custody that is superior 10
6666 to the right of the other parent.] 11
6767
6868 Title 9. [Child Custody and Visitation] CUSTODIAL ARRANGEMENTS FOR CHILDREN. 12
6969
7070 Subtitle 1. [In General] DEFINITIONS; GENERAL PROVISIONS. 13
7171
7272 9–101. 14
7373
7474 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 15
7575 INDICATED. 16
7676
7777 (B) “CHILD” MEANS AN INDI VIDUAL UNDER THE AGE OF 18 YEARS. 17
7878
7979 (C) (1) “LEGAL DECISION–MAKING” MEANS THE RIGHT AND OBLIGATION 18
8080 TO MAKE MAJOR LONG –TERM DECISIONS INVOL VING MEDICAL CARE , MENTAL 19
8181 HEALTH, EDUCATION, RELIGIOUS TRAINING , EXTRACURRICULAR ACTI VITIES, AND 20
8282 OTHER MATTERS OF MAJ OR SIGNIFICANCE CONCE RNING A CHILD ’S LIFE AND 21
8383 WELFARE. 22
8484
8585 (2) “LEGAL DECISION–MAKING” IS ALSO KNOWN AS LEG AL CUSTODY. 23
8686
8787 (D) “PARENT” MEANS A BIOLOGICAL P ARENT, AN ADOPTIVE PARENT , OR AN 24
8888 INDIVIDUAL A COURT H AS DEEMED TO BE A DE FACTO PARENT . 25
8989
9090 (E) (1) “PARENTING TIME” MEANS: 26
9191
9292 (I) THE TIME A CHILD IS IN A PARENT’S CARE ACCORDING TO 27
9393 AN AGREEMENT OR A CO URT–ORDERED SCHEDULE ; AND 28
9494
9595 (II) THE RIGHT AND OBLIGA TION OF A PARENT TO PROVIDE A 29 SENATE BILL 849 3
9696
9797
9898 HOME FOR THE CHILD , ADDRESS THE CHILD ’S NEEDS, AND MAKE THE DAY –TO–DAY 1
9999 DECISIONS REQUIRED D URING THE TIME THE C HILD IS WITH THAT PA RENT. 2
100100
101101 (2) “PARENTING TIME ” IS ALSO KNOWN AS PHY SICAL CUSTODY , 3
102102 VISITATION, OR ACCESS. 4
103103
104104 9–103. 5
105105
106106 (A) A COURT MAY AWARD LEGA L DECISION–MAKING OR PARENTING TIME 6
107107 TO ONE PARENT OR JOI NTLY TO THE PARENTS. 7
108108
109109 (B) NO PARENT IS PRESUMED TO HAVE ANY RIGHT TO LEGAL 8
110110 DECISION–MAKING OR PARENTING TIME THAT IS SUPERIO R TO THE RIGHT OF 9
111111 ANOTHER PARENT . 10
112112
113113 [9–101.] 9–104. 11
114114
115115 (a) In any [custody or visitation] LEGAL DECISION –MAKING OR 12
116116 PARENTING–TIME proceeding, if the court has reasonable grounds to believe that a child 13
117117 has been abused or neglected by a party to the proceeding, the court shall determine 14
118118 whether abuse or neglect is likely to occur if [custody or visitation] LEGAL 15
119119 DECISION–MAKING OR PA RENTING–TIME rights are granted to the party. 16
120120
121121 (b) Unless the court specifically finds that there is no likelihood of further child 17
122122 abuse or neglect by the party, the court shall deny [custody or visitation] LEGAL 18
123123 DECISION–MAKING OR PARENTING –TIME rights to that party, except that the court may 19
124124 approve a supervised [visitation] PARENTING–TIME arrangement that assures the safety 20
125125 and the physiological, psychological, and emotional well–being of the child. 21
126126
127127 [9–101.1.] 9–105. 22
128128
129129 (a) In this section, “abuse” has the meaning stated in § 4–501 of this article. 23
130130
131131 (b) In a [custody or visitation] LEGAL DECISION –MAKING OR 24
132132 PARENTING–TIME proceeding, the court shall consider[, when deciding custody or 25
133133 visitation issues,] evidence of abuse by a party against: 26
134134
135135 (1) the other parent of the party’s child; 27
136136
137137 (2) the party’s spouse; or 28
138138
139139 (3) any child residing within the party’s household, including a child other 29
140140 than the child who is the subject of the [custody or visitation] proceeding. 30
141141
142142 (c) If the court finds that a party has committed abuse against the other parent 31 4 SENATE BILL 849
143143
144144
145145 of the party’s child, the party’s spouse, or any child residing within the party’s household, 1
146146 the court shall make arrangements for [custody or visitation] LEGAL DECISION –MAKING 2
147147 OR PARENTING TIME that best protect: 3
148148
149149 (1) the child who is the subject of the proceeding; and 4
150150
151151 (2) the victim of the abuse. 5
152152
153153 [9–101.2.] 9–106. 6
154154
155155 (a) Except as provided in subsection (b) of this section, unless good cause for the 7
156156 award of [custody or visitation] LEGAL DECISION –MAKING OR PARENTING TIME is 8
157157 shown by clear and convincing evidence, a court may not award [custody of a child or 9
158158 visitation with a child] LEGAL DECISION –MAKING OR PARENTING TIME: 10
159159
160160 (1) to a parent who has been found by a court of this State to be guilty of 11
161161 first degree or second degree murder of the other parent of the child, another child of the 12
162162 parent, or any family member residing in the household of either parent of the child; or 13
163163
164164 (2) to a parent who has been found by a court of any state or of the United 14
165165 States to be guilty of a crime that, if committed in this State, would be first degree murder 15
166166 or second degree murder of the other parent of the child, another child of the parent, or any 16
167167 family member residing in the household of either parent of the child. 17
168168
169169 (b) If it is in the best interest of the child, the court may approve a supervised 18
170170 [visitation] PARENTING–TIME arrangement that assures the safety and the physiological, 19
171171 psychological, and emotional well–being of the child. 20
172172
173173 [9–103.] 9–107. 21
174174
175175 (a) A child who is 16 years old or older and who is subject to a custody order or 22
176176 decree OR A LEGAL DECISION –MAKING OR PARENTING –TIME ORDER OR DECREE may 23
177177 file a petition to change custody OR LEGAL DECISION –MAKING OR PARENTING TIME. 24
178178
179179 (b) A petitioner under this section may file the proceeding in the petitioner’s own 25
180180 name and need not proceed by guardian or next friend. 26
181181
182182 (c) Notwithstanding any other provision of this article, if a petitioner under this 27
183183 section petitions a court to amend a cust ody order or decree OR A LEGAL 28
184184 DECISION–MAKING OR PARENTING –TIME ORDER OR DECREE , the court: 29
185185
186186 (1) shall hold a hearing; and 30
187187
188188 (2) may amend the order or decree and [place the child in the custody of] 31
189189 GRANT LEGAL DECISION –MAKING OR PARENTING TIME TO the parent designated by 32
190190 the child. 33 SENATE BILL 849 5
191191
192192
193193
194194 [9–104.] 9–108. 1
195195
196196 Unless otherwise ordered by a court, access to medical, dental, and educational 2
197197 records concerning the child may not be denied to a parent [because the parent does not 3
198198 have physical custody of the child]. 4
199199
200200 [9–105.] 9–109. 5
201201
202202 [In any custody or visitation proceeding, if] IF the court determines that a party to 6
203203 a custody or visitation order OR LEGAL DECISION –MAKING OR PARENTING –TIME 7
204204 ORDER has unjustifiably denied or interfered with [visitation] THE RIGHTS granted by [a 8
205205 custody or visitation] THE order, the court may, in addition to any other remedy available 9
206206 to the court and in a manner consistent with the best interests of the child, take any or all 10
207207 of the following actions: 11
208208
209209 (1) order that the [visitation] PARENTING TIME be rescheduled; 12
210210
211211 (2) modify the custody or visitation OR LEGAL DECISION –MAKING OR 13
212212 PARENTING–TIME order to require additional terms or conditions designed to ensure 14
213213 future compliance with the order; or 15
214214
215215 (3) assess costs or counsel fees against the party who has unjustifiably 16
216216 denied or interfered with [visitation] PARENTING–TIME rights. 17
217217
218218 [9–106.] 9–110. 18
219219
220220 (a) (1) Except as provided in subsection (b) of this section, in any [custody or 19
221221 visitation] LEGAL DECISION –MAKING OR PARENTING –TIME proceeding the court [may] 20
222222 SHALL include as a condition of a [custody or visitation] LEGAL DECISION –MAKING OR 21
223223 PARENTING–TIME order a requirement that either party provide advance written notice 22
224224 of at least 90 days to the court, the other party, or both, of the intent to relocate the 23
225225 permanent residence of the party or the child either within or outside the State. 24
226226
227227 (2) The court may prescribe the form and content of the notice requirement. 25
228228
229229 (3) If the court orders that notice be given to the other party, a mailing of 26
230230 the notice by certified mail, return receipt requested, to the last known address of the other 27
231231 party shall be deemed sufficient to comply with the notice requirement. 28
232232
233233 (4) If either party files a petition regarding a proposed relocation within 20 29
234234 days of the written notice of the relocation required by paragraph (1) of this subsection, the 30
235235 court shall set a hearing on the petition on an expedited basis. 31
236236
237237 (b) On a showing that notice would expose the child or [either] A party to abuse 32 6 SENATE BILL 849
238238
239239
240240 as defined in § 4–501 of this article or for any other good cause the court shall waive the 1
241241 notice required by this section. 2
242242
243243 (c) If [either] A party is required to relocate in less than the 90–day period 3
244244 specified in the notice requirement, the court may consider as a defense to any action 4
245245 brought for a violation of the notice requirement that: 5
246246
247247 (1) relocation was necessary due to financial or other extenuating 6
248248 circumstances; and 7
249249
250250 (2) the required notice was given within a reasonable time after learning 8
251251 of the necessity to relocate. 9
252252
253253 (d) The court may consider any violation of the notice requirement as a factor in 10
254254 determining the merits of any subsequent proceeding involving [custody or visitation] 11
255255 LEGAL DECISION –MAKING OR PARENTING TIME. 12
256256
257257 [9–107. 13
258258
259259 (a) (1) In this section the following words have the meanings indicated. 14
260260
261261 (2) (i) “Disability” means: 15
262262
263263 1. a physical or mental impairment that substantially limits 16
264264 one or more of an individual’s major life activities; 17
265265
266266 2. a record of having a physical or mental impairment that 18
267267 substantially limits one or more of an individual’s major life activities; or 19
268268
269269 3. being regarded as having a physical or mental impairment 20
270270 that substantially limits one or more of an individual’s major life activities. 21
271271
272272 (ii) “Disability” shall be construed in accordance with the ADA 22
273273 Amendments Act of 2008, P.L. 110–325. 23
274274
275275 (3) “Supportive parenting services” means services that may assist an 24
276276 individual with a disability in the effective use of techniques and methods to enable the 25
277277 individual to discharge the individual’s responsibilities to a child as successfully as an 26
278278 individual who does not have a disability, including nonvisual techniques for individuals 27
279279 who are blind. 28
280280
281281 (b) (1) In any custody or visitation proceeding, the disability of a party is 29
282282 relevant only to the extent that the court finds, based on evidence in the record, that the 30
283283 disability affects the best interest of the child. 31
284284
285285 (2) The party alleging that the disability of the other party affects the best 32
286286 interest of the child bears the burden of proving that the disability of the other party affects 33 SENATE BILL 849 7
287287
288288
289289 the best interest of the child. 1
290290
291291 (3) If the burden of proof is met, the party who has a disability shall have 2
292292 the opportunity to prove that supportive parenting services would prevent a finding that 3
293293 the disability affects the best interest of the child. 4
294294
295295 (4) If the court finds that the disability of a party affects the best interest 5
296296 of the child and denies or limits custody or visitation, the court shall specifically state in 6
297297 writing: 7
298298
299299 (i) the basis for the finding; and 8
300300
301301 (ii) the reason that the provision of supportive parenting services is 9
302302 not a reasonable accommodation to prevent the finding.] 10
303303
304304 [9–108.] 9–111. 11
305305
306306 (a) In this section: 12
307307
308308 (1) “deployment” means compliance with military orders received by a 13
309309 member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National 14
310310 Guard, or any other Reserve component to report for combat operations or other active 15
311311 service for which the member is required to report unaccompanied by any family member 16
312312 or that is classified by the member’s branch as remote; and 17
313313
314314 (2) “deployment” does not include National Guard or Reserve annual 18
315315 training, inactive duty days, or drill weekends. 19
316316
317317 (b) Any order or modification of an existing child custody or visitation order OR 20
318318 LEGAL DECISION –MAKING OR PARENTING –TIME ORDER issued by a court during a 21
319319 term of a deployment of a parent shall specifically reference the deployment of the parent. 22
320320
321321 (c) (1) A parent who petitions the court for an order or modification of an 23
322322 existing child custody or visitation order OR LEGAL DECISION –MAKING OR 24
323323 PARENTING–TIME ORDER after returning from a deployment shall specifically reference 25
324324 the date of the end of the deployment in the petition. 26
325325
326326 (2) (i) If the petition under paragraph (1) of this subsection is filed 27
327327 within 30 days after the end of the deployment of the parent, the court shall set a hearing 28
328328 on the petition on an expedited basis. 29
329329
330330 (ii) If the court finds that extenuating circumstances prohibited the 30
331331 filing of the petition within 30 days after the end of the deployment of the parent, the court 31
332332 may set a hearing on the petition on an expedited basis whenever the petition is filed. 32
333333
334334 (d) Any [custody or visitation] LEGAL DECISION–MAKING OR 33 8 SENATE BILL 849
335335
336336
337337 PARENTING–TIME order issued based on the deployment of a parent shall require that: 1
338338
339339 (1) the other parent reasonably accommodate the leave schedule of the 2
340340 parent who is subject to the deployment; 3
341341
342342 (2) the other parent facilitate opportunities for telephone and electronic 4
343343 mail contact between the parent who is subject to the deployment and the child during the 5
344344 period of deployment; and 6
345345
346346 (3) the parent who is subject to the deployment provide timely information 7
347347 regarding the parent’s leave schedule to the other parent. 8
348348
349349 SUBTITLE 2. LEGAL DECISION–MAKING AND PARENTAL RESPONSIBILITY – 9
350350 JUDICIAL DETERMINATIONS . 10
351351
352352 9–201. 11
353353
354354 THE PURPOSES OF THIS SUBTITLE ARE TO : 12
355355
356356 (1) PROMOTE STABILITY AN D LONG–TERM HEALTH AND WELF ARE 13
357357 FOR CHILDREN BY : 14
358358
359359 (I) ENSURING THAT CHILDR EN HAVE FREQUENT , REGULAR, 15
360360 CONTINUING, AND EXTENDED CONTACT WITH PARENTS WHO HAV E THE ABILITY TO 16
361361 ACT IN THE BEST INTE REST OF THEIR CHILDR EN; 17
362362
363363 (II) CREATING FAMILY AND CASE–SPECIFIC PARENTING –TIME 18
364364 SCHEDULES FOR DAY –TO–DAY ACCESS, SHARED HOLIDAYS , VACATIONS, CULTURAL 19
365365 OR RELIGIOUS EVENTS , AND PARTICIPATION IN SPECIAL OCCASIONS WI TH THE 20
366366 EXTENDED FAMILY OF T HE PARENTS; 21
367367
368368 (III) ENCOURAGING PARENTS TO SHARE IN THE RIGH TS AND 22
369369 RESPONSIBILITIES OF RAISING THEIR CHILDR EN WHEN THE PARENTS DO NOT 23
370370 RESIDE TOGETHER ; AND 24
371371
372372 (IV) FOSTERING CHILDREN ’S RELATIONSHIPS WITH SIBLINGS 25
373373 AND WITH SIGNIFICANT ADULTS IN THE CHILDR EN’S LIVES; 26
374374
375375 (2) PROVIDE CHILDREN WIT H PHYSICAL AND EMOTI ONAL SECURITY 27
376376 AND PROTECTION FROM EXPOSURE TO CONFLICT AND VIOLENCE ; AND 28
377377
378378 (3) PROVIDE FOR AN EXPED ITIOUS, THOUGHTFUL , AND CONSISTENT 29
379379 PROCESS FOR DECISION –MAKING BY COURTS TO PROTECT THE BEST INT EREST OF 30
380380 CHILDREN. 31
381381 SENATE BILL 849 9
382382
383383
384384 9–202. 1
385385
386386 (A) SUBJECT TO THE PROVIS IONS OF §§ 9–104, 9–105, AND 9–106 OF THIS 2
387387 TITLE, IN DETERMINING WHAT LEGAL DEC ISION–MAKING AUTHORITY AND 3
388388 PARENTING TIME IS IN THE BEST INTEREST OF THE CHILD, THE COURT MAY 4
389389 CONSIDER THE FOLLOWI NG FACTORS: 5
390390
391391 (1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 6
392392 CHILD; 7
393393
394394 (2) FREQUENT, REGULAR, AND CONTINUING CONTA CT WITH PARENTS 8
395395 WHO CAN ACT IN THE C HILD’S BEST INTEREST; 9
396396
397397 (3) WHETHER AND HOW PARE NTS WHO DO NOT LIVE TOGETHER WILL 10
398398 SHARE THE RIGHTS AND RESPONSIBILITIES OF RAISING THE CHILD ; 11
399399
400400 (4) THE CHILD’S RELATIONSHIP WITH EACH PARENT , ANY SIBLINGS, 12
401401 OTHER RELATIVES , AND INDIVIDUALS WHO ARE OR MAY BECOME IMPORT ANT IN THE 13
402402 CHILD’S LIFE; 14
403403
404404 (5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 15
405405 PROTECTION FROM CONF LICT AND VIOLENCE ; 16
406406
407407 (6) THE CHILD’S DEVELOPMENTAL NEED S, INCLUDING PHYSICAL 17
408408 SAFETY, EMOTIONAL SECURITY , POSITIVE SELF–IMAGE, INTERPERSONAL SKILLS , 18
409409 AND INTELLECTUAL AND COGNITIVE GROWTH ; 19
410410
411411 (7) THE DAY–TO–DAY NEEDS OF THE CHI LD, INCLUDING EDUCATION , 20
412412 SOCIALIZATION, CULTURE AND RELIGION , FOOD, SHELTER, CLOTHING, AND 21
413413 MENTAL AND PHYSICAL HEALTH; 22
414414
415415 (8) HOW TO: 23
416416
417417 (I) PLACE THE CHILD ’S NEEDS ABOVE THE PA RENTS’ NEEDS; 24
418418
419419 (II) PROTECT THE CHILD FR OM THE NEGATIVE EFFE CTS OF ANY 25
420420 CONFLICT BETWEEN THE PARENTS; AND 26
421421
422422 (III) MAINTAIN THE CHILD ’S RELATIONSHIP WITH THE PARENTS, 27
423423 SIBLINGS, OTHER RELATIVES , OR OTHER INDIVIDUALS WHO HAVE OR LIKELY MAY 28
424424 HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD; 29
425425
426426 (9) THE AGE OF THE CHILD ; 30
427427 10 SENATE BILL 849
428428
429429
430430 (10) ANY MILITARY DEPLOYM ENT OF A PARENT AND ITS EFFECT, IF 1
431431 ANY, ON THE PARENT –CHILD RELATIONSHIP ; 2
432432
433433 (11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 3
434434
435435 (12) EACH PARENT ’S ROLE AND TASKS REL ATED TO THE CHILD AN D 4
436436 HOW, IF AT ALL, THOSE ROLES AND TASK S HAVE CHANGED ; 5
437437
438438 (13) THE LOCATION OF EACH PARENT’S HOME AS IT RELATES TO THEIR 6
439439 ABILITY TO COORDINAT E PARENTING TIME , SCHOOL, AND ACTIVITIES; 7
440440
441441 (14) THE PARENTS’ RELATIONSHIP WITH EAC H OTHER, INCLUDING: 8
442442
443443 (I) HOW THEY COMMUNICATE WITH EACH OTHER ; 9
444444
445445 (II) WHETHER THEY CAN CO –PARENT WITHOUT DISRU PTING 10
446446 THE CHILD’S SOCIAL AND SCHOOL LIFE; AND 11
447447
448448 (III) HOW THE PARENTS WILL RESOLVE ANY DISPUTES IN THE 12
449449 FUTURE WITHOUT T HE NEED FOR COURT IN TERVENTION; 13
450450
451451 (15) THE CHILD’S PREFERENCE , IF AGE–APPROPRIATE ; AND 14
452452
453453 (16) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 15
454454 IN DETERMINING HOW T O BEST SERVE THE PHY SICAL, DEVELOPMENTAL , AND 16
455455 EMOTIONAL NEEDS OF T HE CHILD. 17
456456
457457 (B) THE COURT SHALL ARTICULA TE ITS FINDINGS OF F ACT ON THE RECORD 18
458458 OR IN A WRITTEN OPIN ION, INCLUDING THE CONSID ERATION OF EACH FACT OR 19
459459 LISTED IN SUBSECTION (A) OF THIS SECTION AND ANY OTHER FACTOR THA T THE 20
460460 COURT CONSIDERED . 21
461461
462462 9–203. 22
463463
464464 (A) IF THE COURT DETERMIN ES THAT THE PARENTS ARE ABLE TO 23
465465 COMMUNICATE AND REAC H JOINT DECISIONS CO NCERNING SOME OR ALL OF THE 24
466466 CHILD’S NEEDS DESCRIBED IN § 9–202(A) OF THIS SUBTITLE , THE COURT MAY 25
467467 AWARD: 26
468468
469469 (1) JOINT LEGAL DECISION –MAKING TO THE PARENT S; 27
470470
471471 (2) JOINT LEGAL DECISION –MAKING TO THE PARENTS , DESIGNATING 28
472472 ONE PARENT TO MAKE F INAL DECISIONS IF TH E PARENTS ARE UNABLE TO AGREE 29
473473 AFTER A THOROUGH DIS CUSSION OF THE ISSUE S; OR 30 SENATE BILL 849 11
474474
475475
476476
477477 (3) JOINT LEGAL DECISION –MAKING TO THE PARENT S, ALLOCATING 1
478478 RESPONSIBILITY FOR S PECIFIC ISSUES TO EA CH PARENT, IF THE PARENTS ARE 2
479479 UNABLE TO AGREE AFTE R A THOROUGH DISCUSS ION OF THE ISSUES. 3
480480
481481 (B) IF THE COURT AWARDS J OINT LEGAL DECISION –MAKING AUTHORITY 4
482482 UNDER SUBSECTION (A)(1) OF THIS SECTION, NO PARENT, WITHOUT AGREEMENT OF 5
483483 THE OTHER PARENT OR PARENTS OR OR DER OF THE COURT , MAY UNILATERALLY 6
484484 MAKE MAJOR DECISIONS INVOLVING THE CHILD ’S HEALTH, EDUCATION, RELIGION, 7
485485 CULTURE, OR MEDICAL CARE OR A NY OTHER MATTER OF M AJOR SIGNIFICANCE 8
486486 CONCERNING THE CHILD ’S LIFE OR WELFARE . 9
487487
488488 9–204. 10
489489
490490 (A) THE COURT MAY MODIFY , IN ACCORDANCE WITH THE PRO VISIONS OF 11
491491 THIS SUBTITLE , A CHILD CUSTODY OR V ISITATION ORDER OR A LEGAL 12
492492 DECISION–MAKING OR PARENTING –TIME ORDER IF THE CO URT DETERMINES THAT 13
493493 THERE HAS BEEN A MAT ERIAL CHANGE IN CIRC UMSTANCES SINCE THE ISSUANCE OF 14
494494 THE ORDER THAT RELAT ES TO THE NEEDS OF TH E CHILD OR THE ABILI TY OF THE 15
495495 PARENTS TO MEET THOS E NEEDS AND SUCH MOD IFICATION IS IN THE BEST 16
496496 INTEREST OF THE CHIL D. 17
497497
498498 (B) A PARENT’S PROPOSAL TO RELOCA TE THE RESIDENCE OF THE PARENT 18
499499 OR THE CHILD IN A WA Y THAT WOULD CAUSE P ARENTING TIM E TO BE 19
500500 IMPRACTICABLE CONSTI TUTES A MATERIAL CHA NGE IN CIRCUMSTANCES . 20
501501
502502 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
503503 October 1, 2022. 22
504504
505505