Maryland 2022 2022 Regular Session

Maryland Senate Bill SB889 Introduced / Bill

Filed 02/10/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0889*  
  
SENATE BILL 889 
D4   	2lr1647 
      
By: Senator Lee 
Introduced and read first time: February 7, 2022 
Assigned to: Judicial Proceedings 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Family Law – Child Custody Actions – Considered Judgment of Minor Children  2 
 
FOR the purpose of establishing a rebuttable presumption that certain minor children in 3 
certain actions involving child custody or child access have considered judgment; 4 
requiring a child advocate attorney to be appointed to represent a certain child under 5 
certain circumstances; authorizing a certain child to take certain actions as though 6 
the child were a party under certain circumstances; and generally relating to the 7 
considered judgment of minor children in actions involving child custody or child 8 
access. 9 
 
BY adding to 10 
 Article – Family Law 11 
Section 1–202.1 12 
 Annotated Code of Maryland 13 
 (2019 Replacement Volume and 2021 Supplement) 14 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 
That the Laws of Maryland read as follows: 16 
 
Article – Family Law 17 
 
1–202.1. 18 
 
 (A) IN AN ACTION INVOLVIN G CHILD CUSTODY OR C HILD ACCESS, THERE IS 19 
A REBUTTABLE PRESUMP TION THAT A MINOR CHILD AT LEAST 13 YEARS OLD HAS 20 
CONSIDERED JUDGMENT .  21 
 
 (B) IF A CHILD HAS CONSID ERED JUDGMENT UNDER THIS SECTION: 22 
  2 	SENATE BILL 889  
 
 
 (1)  A CHILD ADVOCATE ATT ORNEY SHALL BE APPOINTED TO 1 
REPRESENT THE CHILD; AND 2 
 
 (2) THE CHILD MAY FILE M OTIONS AND TESTIFY REGARDING THE 3 
CHILD’S PREFERENCES AS THOUG H THE CHILD WERE A P ARTY. 4 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 
October 1, 2022. 6