EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0548*
SENATE BILL 548
D4 5lr2747
SB 327/24 – JPR CF 5lr2743
By: Senator James
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Family Law – Child Custody – Determinations 2
FOR the purpose of authorizing the court, in determining legal and physical custody in 3
certain child custody proceedings, to consider certain factors; authorizing the court 4
to modify a child custody or visitation order under certain circumstances; and 5
generally relating to child custody and visitation. 6
BY repealing and reenacting, without amendments, 7
Article – Family Law 8
Section 9–101, 9–101.1, and 9–101.2 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2024 Supplement) 11
BY adding to 12
Article – Family Law 13
Section 9–201 and 9–202 to be under the new subtitle “Subtitle 2. Legal and Physical 14
Custody – Judicial Determinations” 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Family Law 20
9–101. 21
(a) In any custody or visitation proceeding, if the court has reasonable grounds to 22
believe that a child has been abused or neglected by a party to the proceeding, the court 23
shall determine whether abuse or neglect is likely to occur if custody or visitation rights 24
are granted to the party. 25 2 SENATE BILL 548
(b) Unless the court specifically finds that there is no likelihood of further child 1
abuse or neglect by the party, the court shall deny custody or visitation rights to that party, 2
except that the court may approve a supervised visitation arrangement that assures the 3
safety and the physiological, psychological, and emotional well–being of the child. 4
9–101.1. 5
(a) In this section, “abuse” has the meaning stated in § 4–501 of this article. 6
(b) In a custody or visitation proceeding, the court shall consider, when deciding 7
custody or visitation issues, evidence of abuse by a party against: 8
(1) the other parent of the party’s child; 9
(2) the party’s spouse; or 10
(3) any child residing within the party’s household, including a child other 11
than the child who is the subject of the custody or visitation proceeding. 12
(c) If the court finds that a party has committed abuse against the other parent 13
of the party’s child, the party’s spouse, or any child residing within the party’s household, 14
the court shall make arrangements for custody or visitation that best protect: 15
(1) the child who is the subject of the proceeding; and 16
(2) the victim of the abuse. 17
9–101.2. 18
(a) Except as provided in subsection (b) of this section, unless good cause for the 19
award of custody or visitation is shown by clear and convincing evidence, a court may not 20
award custody of a child or visitation with a child: 21
(1) to a parent who has been found by a court of this State to be guilty of 22
first degree or second degree murder of the other parent of the child, another child of the 23
parent, or any family member residing in the household of either parent of the child; or 24
(2) to a parent who has been found by a court of any state or of the United 25
States to be guilty of a crime that, if committed in this State, would be first degree murder 26
or second degree murder of the other parent of the child, another child of the parent, or any 27
family member residing in the household of either parent of the child. 28
(b) If it is in the best interest of the child, the court may approve a supervised 29
visitation arrangement that assures the safety and the physiological, psychological, and 30
emotional well–being of the child. 31
SENATE BILL 548 3
SUBTITLE 2. LEGAL AND PHYSICAL CUSTODY – JUDICIAL DETERMINATIONS . 1
9–201. 2
(A) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 3
THIS TITLE, IN DETERMINING WHAT LEGAL CUSTODY AND PH YSICAL CUSTODY IS IN 4
THE BEST INTEREST OF A CHILD, THE COURT MAY CONSID ER THE FOLLOWING 5
FACTORS: 6
(1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 7
CHILD; 8
(2) FREQUENT, REGULAR, AND CONTINUING CONTA CT WITH PARENTS 9
WHO CAN ACT IN THE C HILD’S BEST INTEREST; 10
(3) WHETHER AND HOW PARE NTS WHO DO NOT LIVE TOGETHER WILL 11
SHARE THE RIGHTS AND RESPONSIBILITIES OF RAISING THE CHILD ; 12
(4) THE CHILD’S RELATIONSHIP WITH EACH PARENT, ANY SIBLINGS, 13
OTHER RELATIVES , AND INDIVIDUALS WHO ARE OR MAY BECOME IM PORTANT IN THE 14
CHILD’S LIFE; 15
(5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 16
PROTECTION FROM EXPO SURE TO CONFLICT AND VIOLENCE; 17
(6) THE CHILD’S DEVELOPMENTAL NEED S, INCLUDING PHYSICAL 18
SAFETY, EMOTIONAL SECURITY , POSITIVE SELF–IMAGE, INTERPERSONAL SKILLS , 19
AND INTELLECTUAL AND COGNITIVE GROWTH ; 20
(7) THE DAY–TO–DAY NEEDS OF THE CHI LD, INCLUDING EDUCATION , 21
SOCIALIZATION, CULTURE AND RELIGION , FOOD, SHELTER, CLOTHING, AND 22
MENTAL AND PHYSICAL HE ALTH; 23
(8) HOW TO: 24
(I) PLACE THE CHILD ’S NEEDS ABOVE THE PA RENTS’ NEEDS; 25
(II) PROTECT THE CHILD FR OM THE NEGATIVE EFFE CTS OF ANY 26
CONFLICT BETWEEN THE PARENTS; AND 27
(III) MAINTAIN THE CHILD ’S RELATIONSHIP WITH THE PARENTS, 28
SIBLINGS, OTHER RELATIVES , OR OTHER INDIVIDUALS WHO HAVE OR LIKELY M AY 29
HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD; 30
4 SENATE BILL 548
(9) THE AGE OF THE CHILD ; 1
(10) ANY MILITARY DEPLOYM ENT OF A PARENT AND ITS EFFECT, IF 2
ANY, ON THE PARENT –CHILD RELATIONSHIP ; 3
(11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 4
(12) EACH PARENT ’S ROLE AND TASKS REL ATED TO THE CHILD AN D 5
HOW, IF AT ALL, THOSE ROLES AND TASK S HAVE CHANGED ; 6
(13) THE LOCATION OF EACH PARENT’S HOME AS IT RELATES TO THE 7
PARENT’S ABILITY TO COORDIN ATE PARENTI NG TIME, SCHOOL, AND ACTIVITIES; 8
(14) THE PARENTS’ RELATIONSHIP WITH EA CH OTHER, INCLUDING: 9
(I) HOW THEY COMMUNICATE WITH EACH OTHER ; 10
(II) WHETHER THEY CAN CO –PARENT WITHOUT DISRU PTING 11
THE CHILD’S SOCIAL AND SCHOOL LIFE; AND 12
(III) HOW THE PA RENTS WILL RESOLVE A NY DISPUTES IN THE 13
FUTURE WITHOUT THE N EED FOR COURT INTERV ENTION; 14
(15) THE CHILD’S PREFERENCE , IF AGE–APPROPRIATE ; AND 15
(16) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 16
IN DETERMINING HOW B EST TO SERVE THE PHY SICAL, DEVELOPMENTAL , AND 17
EMOTIONAL NEEDS OF T HE CHILD. 18
(B) THE COURT SHALL ARTIC ULATE ITS FINDINGS O F FACT ON THE RECORD 19
OR IN A WRITTEN OPIN ION, INCLUDING THE CONSID ERATION OF EACH FACT OR 20
LISTED IN SUBSECTION (A) OF THIS SECTION AND ANY OTHER FACTOR THA T THE 21
COURT CONSIDERED . 22
9–202. 23
(A) THE COURT MAY MODIFY , IN ACCORDANCE WITH T HE PROVISIONS OF 24
THIS SUBTITLE , A CHILD CUSTODY OR V ISITATION ORDER IF T HE COURT 25
DETERMINES THAT THER E HAS BEEN A MATERIA L CHANGE IN CIRCUMST ANCES 26
SINCE THE ISSUANCE O F THE ORDER THAT RELATES TO THE NEEDS OF THE CHILD 27
OR THE ABILITY OF TH E PARENTS TO MEET TH OSE NEEDS AND THAT M ODIFYING THE 28
ORDER IS IN THE BEST INTEREST OF THE CHIL D. 29
(B) A PARENT’S PROPOSAL TO RELOCA TE THE RESIDENCE OF THE PARENT 30 SENATE BILL 548 5
OR THE CHILD IN A WA Y THAT WOULD CAUSE PHYSICAL CUSTODY TO BE 1
IMPRACTICABLE CONSTI TUTES A MATERIAL CHA NGE IN CIRCUMSTANCES . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4