Maryland 2024 Regular Session

Maryland Senate Bill SB670 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	sb0670
6	6
7	7	SENATE BILL 670
8	8	D4 4lr2154
9	9	HB 1114/20 – JUD CF 4lr3449
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 and Visitation – Best Interest of the Child 2
19	19
20	20	FOR the purpose of requiring the court, in determining the appropriate allocation of 3
21	21	custody or visitation between the parties that is in the best interest of the child, to 4
22	22	consider certain factors; authorizing the court to consider certain factors; requiring 5
23	23	the court to articulate certain findings of fact on the record; and generally relating 6
24	24	to child custody and visitation. 7
25	25
26	26	BY adding to 8
27	27	Article – Family Law 9
28	28	Section 9–109 10
29	29	Annotated Code of Maryland 11
30	30	(2019 Replacement Volume and 2023 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Family Law 15
36	36
37	37	9–109. 16
38	38
39	39	(A) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 17
40	40	THIS SUBTITLE, IN DECIDING THE APPR OPRIATE ALLOCATION O F CUSTODY OR 18
41	41	VISITATION BETWEEN T HE PARTIES THAT IS I N THE BEST INTEREST OF THE CHILD, 19
42	42	THE COURT SHALL CONS IDER: 20
43	43
44	44	(1) THE ABILITY OF EAC H OF THE PARTIES TO MEET THE CHILD ’S 21
45	45	DEVELOPMENTAL NEEDS , INCLUDING: 22
46	46
47	47	(I) ENSURING PHYSICAL SA FETY; 23 2 SENATE BILL 670
48	48
49	49
50	50
51	51	(II) SUPPORTING EMOTIONAL SECURITY AND POSITIV E 1
52	52	SELF–IMAGE; 2
53	53
54	54	(III) PROMOTING INTERPERSO NAL SKILLS; AND 3
55	55
56	56	(IV) PROMOTING INTELLECTU AL AND COGNITIVE GROWTH ; 4
57	57
58	58	(2) THE RELATIONSHIP BET WEEN THE CHILD AND T HE PARTIES, THE 5
59	59	CHILD’S SIBLINGS, AND OTHER RELATIVES ; 6
60	60
61	61	(3) THE ABILITY OF EACH PARTY TO MEET THE DA Y–TO–DAY NEEDS 7
62	62	OF THE CHILD, INCLUDING: 8
63	63
64	64	(I) EDUCATION; 9
65	65
66	66	(II) SOCIALIZATION; 10
67	67
68	68	(III) CULTURE AND RELIGION ; 11
69	69
70	70	(IV) FOOD; 12
71	71
72	72	(V) SHELTER; 13
73	73
74	74	(VI) CLOTHING; AND 14
75	75
76	76	(VII) MENTAL AND PHYSICAL HEALTH; 15
77	77
78	78	(4) THE ABILITY OF EACH PARTY TO: 16
79	79
80	80	(I) CONSIDER AND ACT ON THE NEEDS OF THE CHI LD, AS 17
81	81	OPPOSED TO THE NEEDS OR DESIRES OF THE PA RTY; 18
82	82
83	83	(II) PROTECT THE CHILD FR OM THE ADVERSE EFFEC TS OF ANY 19
84	84	CONFLICT BETWEEN THE PARTIES; AND 20
85	85
86	86	(III) MAINTAIN, FOSTER, AND FACILITATE RELAT IONSHIPS WITH 21
87	87	THE OTHER PARTY , SIBLINGS, OTHER RELATIVES , AND OTHER INDIVIDUAL S WHO 22
88	88	HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD ; 23
89	89
90	90	(5) THE HISTORY OF ANY E FFORTS BY A PARTY TO INTERFERE WITH 24
91	91	THE CHILD’S RELATIONSHIP WITH THE OTHER PARTY ; 25
92	92	SENATE BILL 670 3
93	93
94	94
95	95	(6) ANY EVIDENCE OF EXPO SURE OF THE CHILD TO DOMESTIC 1
96	96	VIOLENCE, CHILD ABUSE, OR CHILD NEGLECT ; AND 2
97	97
98	98	(7) ANY MILITARY DEPLOYMENT OF A PART Y. 3
99	99
100	100	(B) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 4
101	101	THIS SUBTITLE, IN DECIDING THE APPR OPRIATE ALLOCATION O F CUSTODY OR 5
102	102	VISITATION BETWEEN T HE PARTIES THAT IS I N THE BEST INTEREST OF THE CHILD, 6
103	103	THE COURT MAY CONSID ER: 7
104	104
105	105	(1) THE WILLINGNESS AND ABILITY OF THE PARTI ES TO PARTICIPATE 8
106	106	IN THE RAISING OF TH E CHILD; 9
107	107
108	108	(2) THE PROXIMITY OF THE PARTIES’ HOMES AS IT RELATES TO THEIR 10
109	109	ABILITY TO COORDINAT E PARENTING TIME , SCHOOL, AND ACTIVITIES; 11
110	110
111	111	(3) THE EXTENT TO WHICH EITHER PARTY HAS INITIATE D OR 12
112	112	ENGAGED IN FRIVOLOUS OR VEXATIOUS LITIGAT ION, AS DEFINED IN THE 13
113	113	MARYLAND RULES; 14
114	114
115	115	(4) THE CHILD’S PREFERENCE IF : 15
116	116
117	117	(I) THE CHILD IS OF SUFF ICIENT AGE AND CAPAC ITY TO FORM 16
118	118	A PREFERENCE ; AND 17
119	119
120	120	(II) THE COURT CONSIDERS THE CHILD ’S POSSIBLE 18
121	121	SUSCEPTIBILITY TO MA NIPULATION BY A PART Y OR BY OTHERS; AND 19
122	122
123	123	(5) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 20
124	124	IN DETERMINING HOW T O BEST SERVE THE PHY SICAL, DEVELOPMENTAL , AND 21
125	125	EMOTIONAL NEEDS OF T HE CHILD. 22
126	126
127	127	(C) THE COURT SHALL ARTIC ULATE ITS FINDINGS O F FACT ON THE 23
128	128	RECORD, INCLUDING: 24
129	129
130	130	(1) THE CONSIDERATION OF EACH FACTOR LISTED I N SUBSECTION 25
131	131	(A) OF THIS SECTION; 26
132	132
133	133	(2) THE CONSIDERATION OF ANY FACTOR LISTED IN SUBSECTION (B) 27
134	134	OF THIS SECTION; 28
135	135
136	136	(3) THE CONSIDERATION OF ANY OTHER FA CTOR THAT THE COURT 29
137	137	CONSIDERED ; AND 30 4 SENATE BILL 670
138	138
139	139
140	140
141	141	(4) THE WEIGHT THE COURT GAVE TO EACH FACTOR THAT THE COURT 1
142	142	CONSIDERED . 2
143	143
144	144	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
145	145	October 1, 2024. 4
146	146