Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0548* | |
9 | 6 | ||
10 | 7 | SENATE BILL 548 | |
11 | 8 | D4 5lr2747 | |
12 | - | SB 327/24 – JPR CF HB 1191 | |
13 | - | By: Senator James Senators James, Charles, Folden, Henson, Love, McKay, Muse, | |
14 | - | Smith, Sydnor, Waldstreicher, and West | |
9 | + | SB 327/24 – JPR CF 5lr2743 | |
10 | + | By: Senator James | |
15 | 11 | Introduced and read first time: January 23, 2025 | |
16 | 12 | Assigned to: Judicial Proceedings | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: February 7, 2025 | |
20 | 13 | ||
21 | - | ||
14 | + | A BILL ENTITLED | |
22 | 15 | ||
23 | 16 | AN ACT concerning 1 | |
24 | 17 | ||
25 | 18 | Family Law – Child Custody – Determinations 2 | |
26 | 19 | ||
27 | 20 | FOR the purpose of authorizing the court, in determining legal and physical custody in 3 | |
28 | 21 | certain child custody proceedings, to consider certain factors; authorizing the court 4 | |
29 | 22 | to modify a child custody or visitation order under certain circumstances; and 5 | |
30 | 23 | generally relating to child custody and visitation. 6 | |
31 | 24 | ||
32 | 25 | BY repealing and reenacting, without amendments, 7 | |
33 | 26 | Article – Family Law 8 | |
34 | 27 | Section 9–101, 9–101.1, and 9–101.2 9 | |
35 | 28 | Annotated Code of Maryland 10 | |
36 | 29 | (2019 Replacement Volume and 2024 Supplement) 11 | |
37 | 30 | ||
38 | 31 | BY adding to 12 | |
39 | 32 | Article – Family Law 13 | |
40 | 33 | Section 9–201 and 9–202 to be under the new subtitle “Subtitle 2. Legal and Physical 14 | |
41 | 34 | Custody – Judicial Determinations” 15 | |
42 | 35 | Annotated Code of Maryland 16 | |
43 | 36 | (2019 Replacement Volume and 2024 Supplement) 17 | |
44 | 37 | ||
45 | 38 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
46 | 39 | That the Laws of Maryland read as follows: 19 | |
47 | 40 | ||
48 | - | Article – Family Law 20 2 SENATE BILL 548 | |
41 | + | Article – Family Law 20 | |
42 | + | ||
43 | + | 9–101. 21 | |
44 | + | ||
45 | + | (a) In any custody or visitation proceeding, if the court has reasonable grounds to 22 | |
46 | + | believe that a child has been abused or neglected by a party to the proceeding, the court 23 | |
47 | + | shall determine whether abuse or neglect is likely to occur if custody or visitation rights 24 | |
48 | + | are granted to the party. 25 2 SENATE BILL 548 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | ||
52 | - | 9–101. 1 | |
52 | + | (b) Unless the court specifically finds that there is no likelihood of further child 1 | |
53 | + | abuse or neglect by the party, the court shall deny custody or visitation rights to that party, 2 | |
54 | + | except that the court may approve a supervised visitation arrangement that assures the 3 | |
55 | + | safety and the physiological, psychological, and emotional well–being of the child. 4 | |
53 | 56 | ||
54 | - | (a) In any custody or visitation proceeding, if the court has reasonable grounds to 2 | |
55 | - | believe that a child has been abused or neglected by a party to the proceeding, the court 3 | |
56 | - | shall determine whether abuse or neglect is likely to occur if custody or visitation rights 4 | |
57 | - | are granted to the party. 5 | |
57 | + | 9–101.1. 5 | |
58 | 58 | ||
59 | - | (b) Unless the court specifically finds that there is no likelihood of further child 6 | |
60 | - | abuse or neglect by the party, the court shall deny custody or visitation rights to that party, 7 | |
61 | - | except that the court may approve a supervised visitation arrangement that assures the 8 | |
62 | - | safety and the physiological, psychological, and emotional well–being of the child. 9 | |
59 | + | (a) In this section, “abuse” has the meaning stated in § 4–501 of this article. 6 | |
63 | 60 | ||
64 | - | 9–101.1. 10 | |
61 | + | (b) In a custody or visitation proceeding, the court shall consider, when deciding 7 | |
62 | + | custody or visitation issues, evidence of abuse by a party against: 8 | |
65 | 63 | ||
66 | - | ( | |
64 | + | (1) the other parent of the party’s child; 9 | |
67 | 65 | ||
68 | - | (b) In a custody or visitation proceeding, the court shall consider, when deciding 12 | |
69 | - | custody or visitation issues, evidence of abuse by a party against: 13 | |
66 | + | (2) the party’s spouse; or 10 | |
70 | 67 | ||
71 | - | (1) the other parent of the party’s child; 14 | |
68 | + | (3) any child residing within the party’s household, including a child other 11 | |
69 | + | than the child who is the subject of the custody or visitation proceeding. 12 | |
72 | 70 | ||
73 | - | (2) the party’s spouse; or 15 | |
71 | + | (c) If the court finds that a party has committed abuse against the other parent 13 | |
72 | + | of the party’s child, the party’s spouse, or any child residing within the party’s household, 14 | |
73 | + | the court shall make arrangements for custody or visitation that best protect: 15 | |
74 | 74 | ||
75 | - | (3) any child residing within the party’s household, including a child other 16 | |
76 | - | than the child who is the subject of the custody or visitation proceeding. 17 | |
75 | + | (1) the child who is the subject of the proceeding; and 16 | |
77 | 76 | ||
78 | - | (c) If the court finds that a party has committed abuse against the other parent 18 | |
79 | - | of the party’s child, the party’s spouse, or any child residing within the party’s household, 19 | |
80 | - | the court shall make arrangements for custody or visitation that best protect: 20 | |
77 | + | (2) the victim of the abuse. 17 | |
81 | 78 | ||
82 | - | ||
79 | + | 9–101.2. 18 | |
83 | 80 | ||
84 | - | (2) the victim of the abuse. 22 | |
81 | + | (a) Except as provided in subsection (b) of this section, unless good cause for the 19 | |
82 | + | award of custody or visitation is shown by clear and convincing evidence, a court may not 20 | |
83 | + | award custody of a child or visitation with a child: 21 | |
85 | 84 | ||
86 | - | 9–101.2. 23 | |
85 | + | (1) to a parent who has been found by a court of this State to be guilty of 22 | |
86 | + | first degree or second degree murder of the other parent of the child, another child of the 23 | |
87 | + | parent, or any family member residing in the household of either parent of the child; or 24 | |
87 | 88 | ||
88 | - | (a) Except as provided in subsection (b) of this section, unless good cause for the 24 | |
89 | - | award of custody or visitation is shown by clear and convincing evidence, a court may not 25 | |
90 | - | award custody of a child or visitation with a child: 26 | |
89 | + | (2) to a parent who has been found by a court of any state or of the United 25 | |
90 | + | States to be guilty of a crime that, if committed in this State, would be first degree murder 26 | |
91 | + | or second degree murder of the other parent of the child, another child of the parent, or any 27 | |
92 | + | family member residing in the household of either parent of the child. 28 | |
91 | 93 | ||
92 | - | (1) to a parent who has been found by a court of this State to be guilty of 27 | |
93 | - | first degree or second degree murder of the other parent of the child, another child of the 28 | |
94 | - | parent, or any family member residing in the household of either parent of the child; or 29 | |
95 | - | ||
96 | - | (2) to a parent who has been found by a court of any state or of the United 30 | |
97 | - | States to be guilty of a crime that, if committed in this State, would be first degree murder 31 SENATE BILL 548 3 | |
94 | + | (b) If it is in the best interest of the child, the court may approve a supervised 29 | |
95 | + | visitation arrangement that assures the safety and the physiological, psychological, and 30 | |
96 | + | emotional well–being of the child. 31 | |
97 | + | SENATE BILL 548 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | or second degree murder of the other parent of the child, another child of the parent, or any 1 | |
101 | - | family member residing in the household of either parent of the child. 2 | |
100 | + | SUBTITLE 2. LEGAL AND PHYSICAL CUSTODY – JUDICIAL DETERMINATIONS . 1 | |
102 | 101 | ||
103 | - | (b) If it is in the best interest of the child, the court may approve a supervised 3 | |
104 | - | visitation arrangement that assures the safety and the physiological, psychological, and 4 | |
105 | - | emotional well–being of the child. 5 | |
102 | + | 9–201. 2 | |
106 | 103 | ||
107 | - | SUBTITLE 2. LEGAL AND PHYSICAL CUSTODY – JUDICIAL DETERMINATIONS . 6 | |
104 | + | (A) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 3 | |
105 | + | THIS TITLE, IN DETERMINING WHAT LEGAL CUSTODY AND PH YSICAL CUSTODY IS IN 4 | |
106 | + | THE BEST INTEREST OF A CHILD, THE COURT MAY CONSID ER THE FOLLOWING 5 | |
107 | + | FACTORS: 6 | |
108 | 108 | ||
109 | - | 9–201. 7 | |
109 | + | (1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 7 | |
110 | + | CHILD; 8 | |
110 | 111 | ||
111 | - | (A) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 8 | |
112 | - | THIS TITLE, IN DETERMINING WHAT LEGAL CUSTODY AND PH YSICAL CUSTODY IS IN 9 | |
113 | - | THE BEST INTEREST OF A CHILD, THE COURT MAY CONSID ER THE FOLLOWING 10 | |
114 | - | FACTORS: 11 | |
112 | + | (2) FREQUENT, REGULAR, AND CONTINUING CONTA CT WITH PARENTS 9 | |
113 | + | WHO CAN ACT IN THE C HILD’S BEST INTEREST; 10 | |
115 | 114 | ||
116 | - | ( | |
117 | - | CHILD; | |
115 | + | (3) WHETHER AND HOW PARE NTS WHO DO NOT LIVE TOGETHER WILL 11 | |
116 | + | SHARE THE RIGHTS AND RESPONSIBILITIES OF RAISING THE CHILD ; 12 | |
118 | 117 | ||
119 | - | (2) FREQUENT, REGULAR, AND CONTINUING CONTACT WITH PARENTS 14 | |
120 | - | WHO CAN ACT IN THE C HILD’S BEST INTEREST; 15 | |
118 | + | (4) THE CHILD’S RELATIONSHIP WITH EACH PARENT, ANY SIBLINGS, 13 | |
119 | + | OTHER RELATIVES , AND INDIVIDUALS WHO ARE OR MAY BECOME IM PORTANT IN THE 14 | |
120 | + | CHILD’S LIFE; 15 | |
121 | 121 | ||
122 | - | ( | |
123 | - | ||
122 | + | (5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 16 | |
123 | + | PROTECTION FROM EXPO SURE TO CONFLICT AND VIOLENCE; 17 | |
124 | 124 | ||
125 | - | ( | |
126 | - | ||
127 | - | ||
125 | + | (6) THE CHILD’S DEVELOPMENTAL NEED S, INCLUDING PHYSICAL 18 | |
126 | + | SAFETY, EMOTIONAL SECURITY , POSITIVE SELF–IMAGE, INTERPERSONAL SKILLS , 19 | |
127 | + | AND INTELLECTUAL AND COGNITIVE GROWTH ; 20 | |
128 | 128 | ||
129 | - | (5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 21 | |
130 | - | PROTECTION FROM EXPO SURE TO CONFLICT AND VIOLENCE; 22 | |
129 | + | (7) THE DAY–TO–DAY NEEDS OF THE CHI LD, INCLUDING EDUCATION , 21 | |
130 | + | SOCIALIZATION, CULTURE AND RELIGION , FOOD, SHELTER, CLOTHING, AND 22 | |
131 | + | MENTAL AND PHYSICAL HE ALTH; 23 | |
131 | 132 | ||
132 | - | (6) THE CHILD’S DEVELOPMENTAL NEED S, INCLUDING PHYSICAL 23 | |
133 | - | SAFETY, EMOTIONAL SECURITY , POSITIVE SELF–IMAGE, INTERPERSONAL SKILLS , 24 | |
134 | - | AND INTELLECTUAL AND COGNITIVE GROWTH ; 25 | |
133 | + | (8) HOW TO: 24 | |
135 | 134 | ||
136 | - | (7) THE DAY–TO–DAY NEEDS OF THE CHI LD, INCLUDING EDUCATION , 26 | |
137 | - | SOCIALIZATION, CULTURE AND RELIGION , FOOD, SHELTER, CLOTHING, AND 27 | |
138 | - | MENTAL AND PHYSICAL HEALTH; 28 | |
135 | + | (I) PLACE THE CHILD ’S NEEDS ABOVE THE PA RENTS’ NEEDS; 25 | |
139 | 136 | ||
140 | - | (8) HOW TO: 29 | |
137 | + | (II) PROTECT THE CHILD FR OM THE NEGATIVE EFFE CTS OF ANY 26 | |
138 | + | CONFLICT BETWEEN THE PARENTS; AND 27 | |
141 | 139 | ||
142 | - | (I) PLACE THE CHILD ’S NEEDS ABOVE THE PA RENTS’ NEEDS; 30 | |
140 | + | (III) MAINTAIN THE CHILD ’S RELATIONSHIP WITH THE PARENTS, 28 | |
141 | + | SIBLINGS, OTHER RELATIVES , OR OTHER INDIVIDUALS WHO HAVE OR LIKELY M AY 29 | |
142 | + | HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD; 30 | |
143 | 143 | 4 SENATE BILL 548 | |
144 | 144 | ||
145 | 145 | ||
146 | - | (II) PROTECT THE CHILD FR OM THE NEGATIVE EFFE CTS OF ANY 1 | |
147 | - | CONFLICT BETWEEN THE PARENTS; AND 2 | |
146 | + | (9) THE AGE OF THE CHILD ; 1 | |
148 | 147 | ||
149 | - | (III) MAINTAIN THE CHILD ’S RELATIONSHIP WITH THE PARENTS, 3 | |
150 | - | SIBLINGS, OTHER RELATIVES , OR OTHER INDIVIDUALS WHO HAVE OR LIKELY M AY 4 | |
151 | - | HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD; 5 | |
148 | + | (10) ANY MILITARY DEPLOYM ENT OF A PARENT AND ITS EFFECT, IF 2 | |
149 | + | ANY, ON THE PARENT –CHILD RELATIONSHIP ; 3 | |
152 | 150 | ||
153 | - | ( | |
151 | + | (11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 4 | |
154 | 152 | ||
155 | - | ( | |
156 | - | ||
153 | + | (12) EACH PARENT ’S ROLE AND TASKS REL ATED TO THE CHILD AN D 5 | |
154 | + | HOW, IF AT ALL, THOSE ROLES AND TASK S HAVE CHANGED ; 6 | |
157 | 155 | ||
158 | - | (11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 9 | |
156 | + | (13) THE LOCATION OF EACH PARENT’S HOME AS IT RELATES TO THE 7 | |
157 | + | PARENT’S ABILITY TO COORDIN ATE PARENTI NG TIME, SCHOOL, AND ACTIVITIES; 8 | |
159 | 158 | ||
160 | - | (12) EACH PARENT ’S ROLE AND TASKS REL ATED TO THE CHILD AN D 10 | |
161 | - | HOW, IF AT ALL, THOSE ROLES AND TASK S HAVE CHANGED ; 11 | |
159 | + | (14) THE PARENTS’ RELATIONSHIP WITH EA CH OTHER, INCLUDING: 9 | |
162 | 160 | ||
163 | - | (13) THE LOCATION OF EACH PARENT’S HOME AS IT RELATES TO THE 12 | |
164 | - | PARENT’S ABILITY TO COORDIN ATE PARENTING TIME , SCHOOL, AND ACTIVITIES; 13 | |
161 | + | (I) HOW THEY COMMUNICATE WITH EACH OTHER ; 10 | |
165 | 162 | ||
166 | - | (14) THE PARENTS’ RELATIONSHIP WITH EA CH OTHER, INCLUDING: 14 | |
163 | + | (II) WHETHER THEY CAN CO –PARENT WITHOUT DISRU PTING 11 | |
164 | + | THE CHILD’S SOCIAL AND SCHOOL LIFE; AND 12 | |
167 | 165 | ||
168 | - | (I) HOW THEY COMMUNICATE WITH EACH OTHER ; 15 | |
166 | + | (III) HOW THE PA RENTS WILL RESOLVE A NY DISPUTES IN THE 13 | |
167 | + | FUTURE WITHOUT THE N EED FOR COURT INTERV ENTION; 14 | |
169 | 168 | ||
170 | - | (II) WHETHER THEY CAN CO –PARENT WITHOUT DISRU PTING 16 | |
171 | - | THE CHILD’S SOCIAL AND SCHOOL LIFE; AND 17 | |
169 | + | (15) THE CHILD’S PREFERENCE , IF AGE–APPROPRIATE ; AND 15 | |
172 | 170 | ||
173 | - | (III) HOW THE PARENTS WILL RESOLVE ANY DISPUTES IN THE 18 | |
174 | - | FUTURE WITHOUT THE N EED FOR COURT INTERV ENTION; 19 | |
171 | + | (16) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 16 | |
172 | + | IN DETERMINING HOW B EST TO SERVE THE PHY SICAL, DEVELOPMENTAL , AND 17 | |
173 | + | EMOTIONAL NEEDS OF T HE CHILD. 18 | |
175 | 174 | ||
176 | - | (15) THE CHILD’S PREFERENCE , IF AGE–APPROPRIATE ; AND 20 | |
175 | + | (B) THE COURT SHALL ARTIC ULATE ITS FINDINGS O F FACT ON THE RECORD 19 | |
176 | + | OR IN A WRITTEN OPIN ION, INCLUDING THE CONSID ERATION OF EACH FACT OR 20 | |
177 | + | LISTED IN SUBSECTION (A) OF THIS SECTION AND ANY OTHER FACTOR THA T THE 21 | |
178 | + | COURT CONSIDERED . 22 | |
177 | 179 | ||
178 | - | (16) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 21 | |
179 | - | IN DETERMINING HOW B EST TO SERVE THE PHY SICAL, DEVELOPMENTAL , AND 22 | |
180 | - | EMOTIONA L NEEDS OF THE CHILD . 23 | |
180 | + | 9–202. 23 | |
181 | 181 | ||
182 | - | (B) THE COURT SHALL ARTIC ULATE ITS FINDINGS O F FACT ON THE RECORD 24 | |
183 | - | OR IN A WRITTEN OPIN ION, INCLUDING THE CONSID ERATION OF EACH FACT OR 25 | |
184 | - | LISTED IN SUBSECTION (A) OF THIS SECTION AND ANY OTHER FACTOR THA T THE 26 | |
185 | - | COURT CONSIDERED . 27 | |
182 | + | (A) THE COURT MAY MODIFY , IN ACCORDANCE WITH T HE PROVISIONS OF 24 | |
183 | + | THIS SUBTITLE , A CHILD CUSTODY OR V ISITATION ORDER IF T HE COURT 25 | |
184 | + | DETERMINES THAT THER E HAS BEEN A MATERIA L CHANGE IN CIRCUMST ANCES 26 | |
185 | + | SINCE THE ISSUANCE O F THE ORDER THAT RELATES TO THE NEEDS OF THE CHILD 27 | |
186 | + | OR THE ABILITY OF TH E PARENTS TO MEET TH OSE NEEDS AND THAT M ODIFYING THE 28 | |
187 | + | ORDER IS IN THE BEST INTEREST OF THE CHIL D. 29 | |
186 | 188 | ||
187 | - | 9–202. 28 | |
188 | - | SENATE BILL 548 5 | |
189 | + | (B) A PARENT’S PROPOSAL TO RELOCA TE THE RESIDENCE OF THE PARENT 30 SENATE BILL 548 5 | |
189 | 190 | ||
190 | 191 | ||
191 | - | (A) THE COURT MAY MODIFY , IN ACCORDANCE WITH T HE PROVISIONS OF 1 | |
192 | - | THIS SUBTITLE , A CHILD CUSTODY OR V ISITATION ORDER IF T HE COURT 2 | |
193 | - | DETERMINES THAT THER E HAS BEEN A MATERIA L CHANGE IN CIRCUMST ANCES 3 | |
194 | - | SINCE THE ISSUANCE O F THE ORDER THAT REL ATES TO THE NEEDS OF THE CHILD 4 | |
195 | - | OR THE ABILITY OF TH E PARENTS TO MEET TH OSE NEEDS AND THAT M ODIFYING THE 5 | |
196 | - | ORDER IS IN THE BEST INTEREST OF THE CHIL D. 6 | |
192 | + | OR THE CHILD IN A WA Y THAT WOULD CAUSE PHYSICAL CUSTODY TO BE 1 | |
193 | + | IMPRACTICABLE CONSTI TUTES A MATERIAL CHA NGE IN CIRCUMSTANCES . 2 | |
197 | 194 | ||
198 | - | (B) A PARENT’S PROPOSAL TO RELOCA TE THE RESIDENCE OF THE PARENT 7 | |
199 | - | OR THE CHILD IN A WA Y THAT WOULD CAUSE P HYSICAL CUSTODY TO B E 8 | |
200 | - | IMPRACTICABLE CONSTITU TES A MATERIAL CHANG E IN CIRCUMSTANCES . 9 | |
201 | - | ||
202 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 | |
203 | - | October 1, 2025. 11 | |
204 | - | ||
205 | - | ||
206 | - | ||
207 | - | ||
208 | - | Approved: | |
209 | - | ________________________________________________________________________________ | |
210 | - | Governor. | |
211 | - | ________________________________________________________________________________ | |
212 | - | President of the Senate. | |
213 | - | ________________________________________________________________________________ | |
214 | - | Speaker of the House of Delegates. | |
195 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
196 | + | October 1, 2025. 4 |