EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1165*
HOUSE BILL 1165
D4 5lr2756
HB 1307/24 – JUD
By: Delegates Phillips, Patterson, and Woods
Introduced and read first time: February 6, 2025
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 2024 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 COMP LY WITH A COURT –ORDERED 18
VISITATION SCHEDULE WITHOUT JUST CAUSE , THE OTHER PARENT MAY PETITION 19
THE COURT FOR AN EME RGENCY REEVALUATION OF THE VISITATION SC HEDULE. 20
(2) IF THE COURT DETERMIN ES THAT A PETITION I S IN ORDER, THE 21
COURT SHAL L HOLD AN EMERGENCY HEARING WITHIN 10 DAYS AFTER THE 22
PETITION HAS BEEN FI LED. 23
2 HOUSE BILL 1165
(B) THE COURT: 1
(1) SHALL: 2
(I) CALCULATE THE AMOUNT OF VISITATION TIME 3
IMPROPERLY DENIED TO THE PETITIONER ; 4
(II) AWARD THE PETITIONER EXTRA TIME IN AN AMO UNT 5
SUFFICIENT TO COMPENSATE ANY MISSED VISITATION TI ME UNDER THE VISITAT ION 6
AGREEMENT ; 7
(III) SCHEDULE ANY EXTRA T IME AWARDED UNDER IT EM (II) OF 8
THIS ITEM IN A MANNE R 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 NONCOMPLIA NT PARENT TO PAY COU RT COSTS 15
AND REASONABLE ATTOR NEY’S FEES INCURRED BY T HE PETITIONER IN THE EFFORT 16
TO ENFORCE THE VISIT ATION SCHEDULE ; 17
(2) MAY ORDER THE NONCOM PLIANT 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 CHI LD; AND 21
(III) ASSUME THE FINANCIAL RESPONSIBILITY OF ENSURING 22
THAT THE COURT –ORDERED VISITATION S CHEDULE IS MAINTAINE D WHEN THE 23
NONCOMPLIANT PARENT AND CHILD LIVE 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 FIND S THAT A MODIFICATIO N WOULD BE IN 27
THE BEST INTERESTS O F THE CHILD; AND 28
(4) MAY IMPOSE ANY OTHER REASONABLE SANCTION . 29 HOUSE BILL 1165 3
(C) A PERSON WHO VIOLATES AN ORDER OF THE COUR T UNDER 1
SUBSECTION (B) OF THIS SECTION MAY BE HELD IN CONTEMPT OF COURT. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4