EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0670*
SENATE BILL 670
D4 4lr2154
HB 1114/20 – JUD CF 4lr3449
By: Senator Charles
Introduced and read first time: January 29, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Child Custody and Visitation – Best Interest of the Child 2
FOR the purpose of requiring the court, in determining the appropriate allocation of 3
custody or visitation between the parties that is in the best interest of the child, to 4
consider certain factors; authorizing the court to consider certain factors; requiring 5
the court to articulate certain findings of fact on the record; and generally relating 6
to child custody and visitation. 7
BY adding to 8
Article – Family Law 9
Section 9–109 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2023 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Family Law 15
9–109. 16
(A) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 17
THIS SUBTITLE, IN DECIDING THE APPR OPRIATE ALLOCATION O F CUSTODY OR 18
VISITATION BETWEEN T HE PARTIES THAT IS I N THE BEST INTEREST OF THE CHILD, 19
THE COURT SHALL CONS IDER: 20
(1) THE ABILITY OF EAC H OF THE PARTIES TO MEET THE CHILD ’S 21
DEVELOPMENTAL NEEDS , INCLUDING: 22
(I) ENSURING PHYSICAL SA FETY; 23 2 SENATE BILL 670
(II) SUPPORTING EMOTIONAL SECURITY AND POSITIV E 1
SELF–IMAGE; 2
(III) PROMOTING INTERPERSO NAL SKILLS; AND 3
(IV) PROMOTING INTELLECTU AL AND COGNITIVE GROWTH ; 4
(2) THE RELATIONSHIP BET WEEN THE CHILD AND T HE PARTIES, THE 5
CHILD’S SIBLINGS, AND OTHER RELATIVES ; 6
(3) THE ABILITY OF EACH PARTY TO MEET THE DA Y–TO–DAY NEEDS 7
OF THE CHILD, INCLUDING: 8
(I) EDUCATION; 9
(II) SOCIALIZATION; 10
(III) CULTURE AND RELIGION ; 11
(IV) FOOD; 12
(V) SHELTER; 13
(VI) CLOTHING; AND 14
(VII) MENTAL AND PHYSICAL HEALTH; 15
(4) THE ABILITY OF EACH PARTY TO: 16
(I) CONSIDER AND ACT ON THE NEEDS OF THE CHI LD, AS 17
OPPOSED TO THE NEEDS OR DESIRES OF THE PA RTY; 18
(II) PROTECT THE CHILD FR OM THE ADVERSE EFFEC TS OF ANY 19
CONFLICT BETWEEN THE PARTIES; AND 20
(III) MAINTAIN, FOSTER, AND FACILITATE RELAT IONSHIPS WITH 21
THE OTHER PARTY , SIBLINGS, OTHER RELATIVES , AND OTHER INDIVIDUAL S WHO 22
HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD ; 23
(5) THE HISTORY OF ANY E FFORTS BY A PARTY TO INTERFERE WITH 24
THE CHILD’S RELATIONSHIP WITH THE OTHER PARTY ; 25
SENATE BILL 670 3
(6) ANY EVIDENCE OF EXPO SURE OF THE CHILD TO DOMESTIC 1
VIOLENCE, CHILD ABUSE, OR CHILD NEGLECT ; AND 2
(7) ANY MILITARY DEPLOYMENT OF A PART Y. 3
(B) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 4
THIS SUBTITLE, IN DECIDING THE APPR OPRIATE ALLOCATION O F CUSTODY OR 5
VISITATION BETWEEN T HE PARTIES THAT IS I N THE BEST INTEREST OF THE CHILD, 6
THE COURT MAY CONSID ER: 7
(1) THE WILLINGNESS AND ABILITY OF THE PARTI ES TO PARTICIPATE 8
IN THE RAISING OF TH E CHILD; 9
(2) THE PROXIMITY OF THE PARTIES’ HOMES AS IT RELATES TO THEIR 10
ABILITY TO COORDINAT E PARENTING TIME , SCHOOL, AND ACTIVITIES; 11
(3) THE EXTENT TO WHICH EITHER PARTY HAS INITIATE D OR 12
ENGAGED IN FRIVOLOUS OR VEXATIOUS LITIGAT ION, AS DEFINED IN THE 13
MARYLAND RULES; 14
(4) THE CHILD’S PREFERENCE IF : 15
(I) THE CHILD IS OF SUFF ICIENT AGE AND CAPAC ITY TO FORM 16
A PREFERENCE ; AND 17
(II) THE COURT CONSIDERS THE CHILD ’S POSSIBLE 18
SUSCEPTIBILITY TO MA NIPULATION BY A PART Y OR BY OTHERS; AND 19
(5) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 20
IN DETERMINING HOW T O BEST SERVE THE PHY SICAL, DEVELOPMENTAL , AND 21
EMOTIONAL NEEDS OF T HE CHILD. 22
(C) THE COURT SHALL ARTIC ULATE ITS FINDINGS O F FACT ON THE 23
RECORD, INCLUDING: 24
(1) THE CONSIDERATION OF EACH FACTOR LISTED I N SUBSECTION 25
(A) OF THIS SECTION; 26
(2) THE CONSIDERATION OF ANY FACTOR LISTED IN SUBSECTION (B) 27
OF THIS SECTION; 28
(3) THE CONSIDERATION OF ANY OTHER FA CTOR THAT THE COURT 29
CONSIDERED ; AND 30 4 SENATE BILL 670
(4) THE WEIGHT THE COURT GAVE TO EACH FACTOR THAT THE COURT 1
CONSIDERED . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4