Maryland 2024 Regular Session

Maryland Senate Bill SB663 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0663
6	6
7	7	SENATE BILL 663
8	8	D4 4lr2531
9	9	HB 1386/16 – JUD
10	10	By: Senator Charles
11	11	Introduced and read first time: January 29, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Child Custody – Rebuttable Presumption of Joint Custody 2
19	19
20	20	FOR the purpose of establishing a rebuttable presumption in certain child custody 3
21	21	proceedings that certain custodial arrangements are in the best interests of a child 4
22	22	and establishing factors a court may consider when determining the best interests 5
23	23	of the child; authorizing the court to award sole custody under certain circumstances 6
24	24	based on a preponderance of the evidence after entering factors considered by the 7
25	25	court on the record; requiring the court to award visitation in a certain manner under 8
26	26	certain circumstances; and generally relating to child custody determinations. 9
27	27
28	28	BY adding to 10
29	29	Article – Family Law 11
30	30	Section 9–109 12
31	31	Annotated Code of Maryland 13
32	32	(2019 Replacement Volume and 2023 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Family Law 17
38	38
39	39	9–109. 18
40	40
41	41	(A) IN AN INITIAL CHILD C USTODY PROCEEDING , WHETHER PENDENTE LIT E 19
42	42	OR PERMANENT , INVOLVING THE PARENT S OF A CHILD, REGARDLESS OF A PARE NT’S 20
43	43	MARITAL STATUS OR GE NDER, THERE IS A REBUTTABL E PRESUMPTION THAT : 21
44	44
45	45	(1) JOINT LEGAL CUSTODY IS IN THE BEST INTER ESTS OF THE CHILD ; 22
46	46	AND 23
47	47	2 SENATE BILL 663
48	48
49	49
50	50	(2) JOINT PHYSICAL CUSTO DY FOR APPROXIMATELY EQUAL PERIODS 1
51	51	OF TIME IS IN THE BE ST INTERESTS OF THE CHILD. 2
52	52
53	53	(B) IN DETERMINING THE BE ST INTERESTS OF THE CHILD, THE COURT MAY 3
54	54	CONSIDER THE FOLLOWI NG FACTORS: 4
55	55
56	56	(1) THE PREFERENCES OF T HE CHILD IF THE COUR T DETERMINES 5
57	57	THAT THE CHILD IS OF A SUFFICIENT EMO TIONAL MATURITY AND MENTAL CAPACITY 6
58	58	REGARDLESS OF THE AG E OF THE CHILD; 7
59	59
60	60	(2) THE DISTANCE BETWEEN THE RESIDENCES OF TH E PARENTS; 8
61	61
62	62	(3) THE DISTANCE BETWEEN EACH PARENT ’S RESIDENCE AND THE 9
63	63	CHILD’S SCHOOL; 10
64	64
65	65	(4) THE FLEXIBILITY OF E ACH PARENT’S WORK SCHEDULE; 11
66	66
67	67	(5) EACH PARENT ’S ABILITY TO ASSIST WITH AFTER SCHOOL CA RE; 12
68	68	AND 13
69	69
70	70	(6) ANY OTHER FACTOR THE COURT FINDS RELEVANT . 14
71	71
72	72	(C) (1) IF THE COURT DETERMIN ES BY A PREPONDERANC E OF THE 15
73	73	EVIDENCE THAT A JOIN T CUSTODY ARRANGEMEN T IS NOT IN THE BEST INTERESTS 16
74	74	OF THE CHILD, THE COURT: 17
75	75
76	76	(I) MAY AWARD SOLE CUSTO DY TO ONE PARENT ; AND 18
77	77
78	78	(II) SHALL ENTER ON THE R ECORD THE FACTORS CO NSIDERED 19
79	79	BY THE COURT IN REAC HING ITS DECISION. 20
80	80
81	81	(2) WHEN THE COURT DETERM INES, IN ACCORDANCE WITH 21
82	82	PARAGRAPH (1) OF THIS SUBSECT ION, THAT JOINT CUSTODY I S NOT IN THE BEST 22
83	83	INTERESTS OF THE CHI LD, THE COURT SHALL AWAR D VISITATION IN A MA NNER 23
84	84	THAT ENSURES FREQUEN T AND CONTINUING CON TACT BETWEEN THE CHI LD AND 24
85	85	THE NONCUSTODIAL PAR ENT. 25
86	86
87	87	SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 26
88	88	October 1, 2024. 27
89	89