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