EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0548*
SENATE BILL 548
D4 5lr2747
SB 327/24 – JPR CF HB 1191
By: Senator James Senators James, Charles, Folden, Henson, Love, McKay, Muse,
Smith, Sydnor, Waldstreicher, and West
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 7, 2025
CHAPTER ______
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 2 SENATE BILL 548
9–101. 1
(a) In any custody or visitation proceeding, if the court has reasonable grounds to 2
believe that a child has been abused or neglected by a party to the proceeding, the court 3
shall determine whether abuse or neglect is likely to occur if custody or visitation rights 4
are granted to the party. 5
(b) Unless the court specifically finds that there is no likelihood of further child 6
abuse or neglect by the party, the court shall deny custody or visitation rights to that party, 7
except that the court may approve a supervised visitation arrangement that assures the 8
safety and the physiological, psychological, and emotional well–being of the child. 9
9–101.1. 10
(a) In this section, “abuse” has the meaning stated in § 4–501 of this article. 11
(b) In a custody or visitation proceeding, the court shall consider, when deciding 12
custody or visitation issues, evidence of abuse by a party against: 13
(1) the other parent of the party’s child; 14
(2) the party’s spouse; or 15
(3) any child residing within the party’s household, including a child other 16
than the child who is the subject of the custody or visitation proceeding. 17
(c) If the court finds that a party has committed abuse against the other parent 18
of the party’s child, the party’s spouse, or any child residing within the party’s household, 19
the court shall make arrangements for custody or visitation that best protect: 20
(1) the child who is the subject of the proceeding; and 21
(2) the victim of the abuse. 22
9–101.2. 23
(a) Except as provided in subsection (b) of this section, unless good cause for the 24
award of custody or visitation is shown by clear and convincing evidence, a court may not 25
award custody of a child or visitation with a child: 26
(1) to a parent who has been found by a court of this State to be guilty of 27
first degree or second degree murder of the other parent of the child, another child of the 28
parent, or any family member residing in the household of either parent of the child; or 29
(2) to a parent who has been found by a court of any state or of the United 30
States to be guilty of a crime that, if committed in this State, would be first degree murder 31 SENATE BILL 548 3
or second degree murder of the other parent of the child, another child of the parent, or any 1
family member residing in the household of either parent of the child. 2
(b) If it is in the best interest of the child, the court may approve a supervised 3
visitation arrangement that assures the safety and the physiological, psychological, and 4
emotional well–being of the child. 5
SUBTITLE 2. LEGAL AND PHYSICAL CUSTODY – JUDICIAL DETERMINATIONS . 6
9–201. 7
(A) SUBJECT TO THE PROVIS IONS OF §§ 9–101, 9–101.1, AND 9–101.2 OF 8
THIS TITLE, IN DETERMINING WHAT LEGAL CUSTODY AND PH YSICAL CUSTODY IS IN 9
THE BEST INTEREST OF A CHILD, THE COURT MAY CONSID ER THE FOLLOWING 10
FACTORS: 11
(1) STABILITY AND THE FO RESEEABLE HEALTH AND WELFARE OF THE 12
CHILD; 13
(2) FREQUENT, REGULAR, AND CONTINUING CONTACT WITH PARENTS 14
WHO CAN ACT IN THE C HILD’S BEST INTEREST; 15
(3) WHETHER AND HOW PARE NTS WHO DO NOT LIVE TOGETHER WILL 16
SHARE THE RIGHTS AND RESPONSIBILITIES OF RAISING THE CHILD ; 17
(4) THE CHILD’S RELATIONSHIP WITH EACH PARENT , ANY SIBLINGS, 18
OTHER RELATIVES, AND INDIVIDUALS WHO ARE OR MAY BECOME IM PORTANT IN THE 19
CHILD’S LIFE; 20
(5) THE CHILD ’S PHYSICAL AND EMOTI ONAL SECURITY AND 21
PROTECTION FROM EXPO SURE TO CONFLICT AND VIOLENCE; 22
(6) THE CHILD’S DEVELOPMENTAL NEED S, INCLUDING PHYSICAL 23
SAFETY, EMOTIONAL SECURITY , POSITIVE SELF–IMAGE, INTERPERSONAL SKILLS , 24
AND INTELLECTUAL AND COGNITIVE GROWTH ; 25
(7) THE DAY–TO–DAY NEEDS OF THE CHI LD, INCLUDING EDUCATION , 26
SOCIALIZATION, CULTURE AND RELIGION , FOOD, SHELTER, CLOTHING, AND 27
MENTAL AND PHYSICAL HEALTH; 28
(8) HOW TO: 29
(I) PLACE THE CHILD ’S NEEDS ABOVE THE PA RENTS’ NEEDS; 30
4 SENATE BILL 548
(II) PROTECT THE CHILD FR OM THE NEGATIVE EFFE CTS OF ANY 1
CONFLICT BETWEEN THE PARENTS; AND 2
(III) MAINTAIN THE CHILD ’S RELATIONSHIP WITH THE PARENTS, 3
SIBLINGS, OTHER RELATIVES , OR OTHER INDIVIDUALS WHO HAVE OR LIKELY M AY 4
HAVE A SIGNIFICANT R ELATIONSHIP WITH THE CHILD; 5
(9) THE AGE OF THE CHILD ; 6
(10) ANY MILITARY DEPLOYM ENT OF A PARENT AND ITS EFFECT, IF 7
ANY, ON THE PARENT –CHILD RELATIONSHIP ; 8
(11) ANY PRIOR COURT ORDE RS OR AGREEMENTS ; 9
(12) EACH PARENT ’S ROLE AND TASKS REL ATED TO THE CHILD AN D 10
HOW, IF AT ALL, THOSE ROLES AND TASK S HAVE CHANGED ; 11
(13) THE LOCATION OF EACH PARENT’S HOME AS IT RELATES TO THE 12
PARENT’S ABILITY TO COORDIN ATE PARENTING TIME , SCHOOL, AND ACTIVITIES; 13
(14) THE PARENTS’ RELATIONSHIP WITH EA CH OTHER, INCLUDING: 14
(I) HOW THEY COMMUNICATE WITH EACH OTHER ; 15
(II) WHETHER THEY CAN CO –PARENT WITHOUT DISRU PTING 16
THE CHILD’S SOCIAL AND SCHOOL LIFE; AND 17
(III) HOW THE PARENTS WILL RESOLVE ANY DISPUTES IN THE 18
FUTURE WITHOUT THE N EED FOR COURT INTERV ENTION; 19
(15) THE CHILD’S PREFERENCE , IF AGE–APPROPRIATE ; AND 20
(16) ANY OTHER FACTOR THA T THE COURT CONSIDER S APPROPRIATE 21
IN DETERMINING HOW B EST TO SERVE THE PHY SICAL, DEVELOPMENTAL , AND 22
EMOTIONA L NEEDS OF THE CHILD . 23
(B) THE COURT SHALL ARTIC ULATE ITS FINDINGS O F FACT ON THE RECORD 24
OR IN A WRITTEN OPIN ION, INCLUDING THE CONSID ERATION OF EACH FACT OR 25
LISTED IN SUBSECTION (A) OF THIS SECTION AND ANY OTHER FACTOR THA T THE 26
COURT CONSIDERED . 27
9–202. 28
SENATE BILL 548 5
(A) THE COURT MAY MODIFY , IN ACCORDANCE WITH T HE PROVISIONS OF 1
THIS SUBTITLE , A CHILD CUSTODY OR V ISITATION ORDER IF T HE COURT 2
DETERMINES THAT THER E HAS BEEN A MATERIA L CHANGE IN CIRCUMST ANCES 3
SINCE THE ISSUANCE O F THE ORDER THAT REL ATES TO THE NEEDS OF THE CHILD 4
OR THE ABILITY OF TH E PARENTS TO MEET TH OSE NEEDS AND THAT M ODIFYING THE 5
ORDER IS IN THE BEST INTEREST OF THE CHIL D. 6
(B) A PARENT’S PROPOSAL TO RELOCA TE THE RESIDENCE OF THE PARENT 7
OR THE CHILD IN A WA Y THAT WOULD CAUSE P HYSICAL CUSTODY TO B E 8
IMPRACTICABLE CONSTITU TES A MATERIAL CHANG E IN CIRCUMSTANCES . 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.