Maryland 2024 2024 Regular Session

Maryland House Bill HB1307 Introduced / Bill

Filed 02/09/2024

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1307*  
  
HOUSE BILL 1307 
D4   	4lr2686 
      
By: Delegates Phillips, Toles, Lehman, J. Long, Roberson, Taveras, Taylor, and 
Young 
Introduced and read first time: February 9, 2024 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Family Law – Child Custody and Visitation – Visitation Reevaluations and 2 
Remedies 3 
 
FOR the purpose of authorizing a parent to petition a court for an emergency hearing to 4 
reevaluate a visitation schedule under certain circumstances; requiring and 5 
authorizing a court to take certain actions as a result of a parent’s failure to comply 6 
with a court–ordered visitation schedule; and generally relating to child custody and 7 
visitation. 8 
 
BY adding to 9 
 Article – Family Law 10 
Section 9–109 11 
 Annotated Code of Maryland 12 
 (2019 Replacement Volume and 2023 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Family Law 16 
 
9–109. 17 
 
 (A) (1) IF A PARENT FAILS TO COMPLY WITH A COURT–ORDERED 18 
VISITATION SCHEDULE WITHOUT JUST CAUSE , THE OTHER PARENT MAY PETITION 19 
THE COURT FOR AN EMERGENCY R EEVALUATION OF THE VI SITATION SCHEDULE . 20 
 
 (2) IF THE COURT DETERMIN ES THAT A PETITION I S IN ORDER, THE 21 
COURT SHALL HOLD AN EMERGENCY HEARING WITHIN 10 DAYS AFTER THE 22 
PETITION HAS BEEN FILED. 23  2 	HOUSE BILL 1307  
 
 
 
 (B) THE COURT: 1 
 
 (1) SHALL: 2 
 
 (I) CALCULATE THE AMOUNT OF VISITA	TION TIME 3 
IMPROPERLY DENIED TO THE PETITIONER; 4 
 
 (II) AWARD THE PETITION ER EXTRA TIME IN AN AMO UNT 5 
SUFFICIENT TO COMPEN SATE ANY MISSED VISITATIO N TIME UNDER THE VISITATION 6 
AGREEMENT ; 7 
 
 (III) SCHEDULE ANY EXTRA TIME AWARDED U NDER ITEM (II) OF 8 
THIS ITEM IN A MANNER THAT IS : 9 
 
 1. CONSISTENT WITH THE BEST INTERESTS OF TH E 10 
CHILD; 11 
 
 2. CONVENIENT FOR THE P ETITIONER; AND  12 
 
 3. AT THE EXPENSE OF TH E NONCOMPLIANT PAREN T; 13 
AND 14 
 
 (IV) ORDER THE NONCOMPLIANT PARENT TO PAY COURT COSTS 15 
AND REASONABLE ATTOR NEY’S FEES INCURRED BY T HE PETITIONER IN THE EFFOR T 16 
TO ENFORCE THE VISIT ATION SCHEDULE ;  17 
 
 (2) MAY ORDER THE NONCOMPLIANT PARENT TO: 18 
 
 (I) ATTEND A COURT –APPROVED PARENTING C OURSE; 19 
 
 (II) PERFORM COMMUNITY SE RVICE, IF THE COMMUNITY 20 
SERVICE WILL NOT INT ERFERE WITH THE BEST INTERESTS OF THE CHILD; AND 21 
 
 (III) ASSUME THE FINANCIAL RESPONSIBILITY OF EN SURING 22 
THAT THE COURT–ORDERED VISITATION S CHEDULE IS MAINTAINED WHEN THE 23 
NONCOMPLIANT PARENT AND CHILD LIV E MORE THAN 20 MILES FROM THE 24 
PETITIONER; 25 
 
 (3) MAY, ON THE REQUEST OF TH E PETITIONER, MODIFY THE 26 
VISITATION SCHEDULE IF THE COURT FINDS T HAT A MODIFICATION W OULD BE IN 27 
THE BEST INTERESTS O F THE CHILD; AND 28 
   	HOUSE BILL 1307 	3 
 
 
 (4) MAY IMPOSE ANY OTHER REASONABLE SANCTION . 1 
 
 (C) A PERSON WHO VIOLATES AN ORDER OF THE COUR T UNDER 2 
SUBSECTION (B) OF THIS SECTION MAY BE HELD IN CONTE MPT OF COURT . 3 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 
October 1, 2024. 5