Maryland 2025 Regular Session

Maryland Senate Bill SB548 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0548*
96
107 SENATE BILL 548
118 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
1511 Introduced and read first time: January 23, 2025
1612 Assigned to: Judicial Proceedings
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: February 7, 2025
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
2518 Family Law – Child Custody – Determinations 2
2619
2720 FOR the purpose of authorizing the court, in determining legal and physical custody in 3
2821 certain child custody proceedings, to consider certain factors; authorizing the court 4
2922 to modify a child custody or visitation order under certain circumstances; and 5
3023 generally relating to child custody and visitation. 6
3124
3225 BY repealing and reenacting, without amendments, 7
3326 Article – Family Law 8
3427 Section 9–101, 9–101.1, and 9–101.2 9
3528 Annotated Code of Maryland 10
3629 (2019 Replacement Volume and 2024 Supplement) 11
3730
3831 BY adding to 12
3932 Article – Family Law 13
4033 Section 9–201 and 9–202 to be under the new subtitle “Subtitle 2. Legal and Physical 14
4134 Custody – Judicial Determinations” 15
4235 Annotated Code of Maryland 16
4336 (2019 Replacement Volume and 2024 Supplement) 17
4437
4538 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
4639 That the Laws of Maryland read as follows: 19
4740
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
4949
5050
5151
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
5356
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
5858
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
6360
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
6563
66- (a) In this section, “abuse” has the meaning stated in § 4–501 of this article. 11
64+ (1) the other parent of the party’s child; 9
6765
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
7067
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
7270
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
7474
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
7776
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
8178
82- (1) the child who is the subject of the proceeding; and 21
79+9–101.2. 18
8380
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
8584
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
8788
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
9193
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
9898
9999
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
102101
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
106103
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
108108
109-9–201. 7
109+ (1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 7
110+CHILD; 8
110111
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
115114
116- (1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 12
117-CHILD; 13
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
118117
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
121121
122- (3) WHETHER AND HOW PARE NTS WHO DO NOT LIVE TOGETHER WILL 16
123-SHARE THE RIGHTS AND RESPONSIBILITIES OF RAISING THE CHILD ; 17
122+ (5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 16
123+PROTECTION FROM EXPO SURE TO CONFLICT AND VIOLENCE; 17
124124
125- (4) THE CHILD’S RELATIONSHIP WITH EACH PARENT , ANY SIBLINGS, 18
126-OTHER RELATIVES, AND INDIVIDUALS WHO ARE OR MAY BECOME IM PORTANT IN THE 19
127-CHILD’S LIFE; 20
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
128128
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
131132
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
135134
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
139136
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
141139
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
143143 4 SENATE BILL 548
144144
145145
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
148147
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
152150
153- (9) THE AGE OF THE CHILD ; 6
151+ (11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 4
154152
155- (10) ANY MILITARY DEPLOYM ENT OF A PARENT AND ITS EFFECT, IF 7
156-ANY, ON THE PARENT –CHILD RELATIONSHIP ; 8
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
157155
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
159158
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
162160
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
165162
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
167165
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
169168
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
172170
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
175174
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
177179
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
181181
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
186188
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
189190
190191
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
197194
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