Maryland 2025 Regular Session

Maryland Senate Bill SB1004 Latest Draft

Bill / Introduced Version Filed 02/11/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb1004*  
  
SENATE BILL 1004 
D4   	5lr3565 
    	CF HB 721 
By: Senator Benson 
Introduced and read first time: February 1, 2025 
Assigned to: Rules 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Family Law – Grandparent Visitation 2 
 
FOR the purpose of altering the circumstances under which an equity court is authorized 3 
to grant visitation rights to a grandparent of a child; specifying the circumstances 4 
under which an equity court is required to grant visitation rights to a grandparent 5 
of a child; and generally relating to grandparent visitation. 6 
 
BY repealing and reenacting, with amendments, 7 
 Article – Family Law 8 
Section 9–102 9 
 Annotated Code of Maryland 10 
 (2019 Replacement Volume and 2024 Supplement) 11 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 
That the Laws of Maryland read as follows: 13 
 
Article – Family Law 14 
 
9–102. 15 
 
 (A) [An] IN ACCORDANCE WITH TH E PROVISIONS OF THIS SECTION, AN 16 
equity court may[: 17 
 
 (1)] consider a petition for reasonable visitation of a grandchild by a 18 
grandparent[; and 19 
 
 (2) if the court finds it to be in the best interests of the child, grant 20 
visitation rights to the grandparent]. 21 
 
 (B) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPH (2) OF THIS 22  2 	SENATE BILL 1004  
 
 
SUBSECTION AND SUBSECTI ON (D) OF THIS SECTION, AN EQUITY COURT MAY GRANT 1 
VISITATION RIGHTS TO A GRANDPARENT IF : 2 
 
 (I) THE PETITION FOR VIS ITATION RIGHTS WAS F ILED AFTER 3 
AN ACTION FOR DIVORC E, ANNULMENT , CUSTODY, OR PATERNITY WAS FIL ED BY A 4 
PARENT OF THE CHI LD; AND 5 
 
 (II) THE COURT FINDS THAT GRANTING VISITATION RIGHTS TO 6 
THE GRANDPARENT : 7 
 
 1. IS IN THE BEST INTER ESTS OF THE CHILD ; AND 8 
 
 2. WOULD NOT INTERFERE WITH THE PARENT –CHILD 9 
RELATIONSHIP . 10 
 
 (2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1)(II)1 OF 11 
THIS SUBSECTION , THE COURT SHALL CONS IDER THE AMOUNT OF P ERSONAL 12 
CONTACT THAT OCCURRE D BETWEEN THE GRANDP ARENT AND THE CHILD BEFORE 13 
THE FILING OF THE PE TITION. 14 
 
 (C) SUBJECT TO THE PROVIS IONS OF SUBSECTION (D) OF THIS SECTION, AN 15 
EQUITY COURT S HALL GRANT VISITATIO N RIGHTS TO A GRANDP ARENT UNDER THIS 16 
SECTION IF: 17 
 
 (1) (I) THE CHILD RESIDED WI TH THE GRANDPARENT F OR A 18 
PERIOD OF AT LEAST 12 MONTHS; OR 19 
 
 (II) THE CHILD ’S PARENT WHO IS THE CHILD OF THE 20 
GRANDPARENT IS DECEA SED; AND 21 
 
 (2) THE COURT FINDS THAT GRANTING VISITATION RIGHTS TO THE 22 
GRANDPARENT : 23 
 
 (I) IS IN THE BEST INTER ESTS OF THE CHILD ; AND 24 
 
 (II) WOULD NOT INTERFERE 	WITH THE PARENT –CHILD 25 
RELATIONSHIP . 26 
  
 (D) IN MAKING A DETERMINA TION UNDER THIS SECT ION, THE COURT MAY 27 
NOT DENY VISITA TION RIGHTS BASED ON ALLEGATIONS THAT GRA NTING 28 
VISITATION RIGHTS TO THE GRANDPARENT WOUL D INTERFERE WITH THE  29 
PARENT–CHILD RELATIONSHIP U NLESS, AFTER A HEARING , THE COURT 30 
DETERMINES BY A PREP ONDERANCE OF THE EVI DENCE THAT INTERFERE NCE 31   	SENATE BILL 1004 	3 
 
 
WOULD OCCUR . 1 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2 
October 1, 2025. 3