Md. Code, Family Law, Title 9

in effect

Md. Code, Family Law § 9-101

(a) In any custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party. (b) Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.

Md. Code, Family Law § 9-101.1

§9–101.1. (a) In this section, “abuse” has the meaning stated in § 4-501 of this article. (b) In a custody or visitation proceeding, the court shall consider, when deciding custody or visitation issues, evidence of abuse by a party against: (1) the other parent of the party’s child; (2) the party’s spouse; or (3) any child residing within the party’s household, including a child other than the child who is the subject of the custody or visitation proceeding. (c) If the court finds that a party has committed abuse against the other parent of the party’s child, the party’s spouse, or any child residing within the party’s household, the court shall make arrangements for custody or visitation that best protect: (1) the child who is the subject of the proceeding; and (2) the victim of the abuse.

Md. Code, Family Law § 9-101.2

§9–101.2. (a) Except as provided in subsection (b) of this section, unless good cause for the award of custody or visitation is shown by clear and convincing evidence, a court may not award custody of a child or visitation with a child: (1) to a parent who has been found by a court of this State to be guilty of first degree or second degree murder of the other parent of the child, another child of the parent, or any family member residing in the household of either parent of the child; or (2) to a parent who has been found by a court of any state or of the United States to be guilty of a crime that, if committed in this State, would be first degree murder or second degree murder of the other parent of the child, another child of the parent, or any family member residing in the household of either parent of the child. (b) If it is in the best interest of the child, the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.

Md. Code, Family Law § 9-101.3

§9–101.3. (a) (1) In this section the following words have the meanings indicated. (2) “Child abuse” has the meaning stated in § 5–701 of this article. (3) “Domestic violence” has the meaning stated in § 4–701 of this article. (b) The Maryland Judiciary, in consultation with domestic violence and child abuse organizations, shall develop and update as appropriate a training program for judges and magistrates presiding over child custody cases involving child abuse or domestic violence. (c) The training program described under subsection (b) of this section shall include training on: (1) the typical brain development of infants and children; (2) the impact of adverse childhood experiences, trauma, complex trauma, and chronic toxic stress on a child’s brain development and the ways that a child’s response to trauma varies; (3) the process for investigating a report of suspected child abuse or child sexual abuse, including: (i) the role of child advocacy centers and forensic interviews; (ii) the role of local departments of social services in investigating reports of suspected child abuse and child sexual abuse; and (iii) that child abuse and child sexual abuse may have occurred even without an indicated finding of abuse, any physical evidence of abuse, or a verbal disclosure of abuse by the child; (4) the dynamics and effects of child sexual abuse, including grooming behaviors and the disclosure of child sexual abuse; (5) the dynamics and effects of physical and emotional child abuse; (6) the dynamics and effects of domestic violence, including coercive control, and that domestic violence can occur without a party seeking or obtaining a protective order or without documented evidence of abuse; (7) the impact of exposure to domestic violence on children and the importance of considering the impact of exposure to domestic violence on children when making child custody and visitation decisions; (8) the potential impacts of explicit and implicit bias on child custody decisions; (9) best practices to ensure that reasonable and feasible protective measures are taken to reduce the risk of traumatizing or retraumatizing a child through the court process, including available methods to obtain relevant information without the necessity of repeated, detailed testimony from the child; (10) available protections for families, including the sealing of records; (11) the benefits and limitations of sexual offender evaluations and risk assessments; (12) the tools courts can use to assess the credibility of a child witness; (13) standards for the knowledge, experience, and qualifications of child sexual abuse evaluators and treatment providers; and (14) any other relevant subject matter. (d) The Maryland Judiciary shall adopt procedures, including the uniform screening of initial pleadings, to identify child custody cases that may involve child abuse or domestic violence as soon as possible to ensure that only judges who have received training under this section are assigned those cases. (e) Within a judge’s first year of presiding over child custody cases involving child abuse or domestic violence, the judge shall receive at least 20 hours of initial training approved by the Maryland Judiciary that meets the requirements of subsection (c) of this section.

Md. Code, Family Law § 9-102

An equity court may: (1) consider a petition for reasonable visitation of a grandchild by a grandparent; and (2) if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.

Md. Code, Family Law § 9-103

(a) A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody. (b) A petitioner under this section may file the proceeding in the petitioner’s own name and need not proceed by guardian or next friend. (c) Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court: (1) shall hold a hearing; and (2) may amend the order or decree and place the child in the custody of the parent designated by the child.

Md. Code, Family Law § 9-104

Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

Md. Code, Family Law § 9-105

In any custody or visitation proceeding, if the court determines that a party to a custody or visitation order has unjustifiably denied or interfered with visitation granted by a custody or visitation order, the court may, in addition to any other remedy available to the court and in a manner consistent with the best interests of the child, take any or all of the following actions: (1) order that the visitation be rescheduled; (2) modify the custody or visitation order to require additional terms or conditions designed to ensure future compliance with the order; or (3) assess costs or counsel fees against the party who has unjustifiably denied or interfered with visitation rights.

Md. Code, Family Law § 9-106

(a) (1) Except as provided in subsection (b) of this section, in any custody or visitation proceeding the court may include as a condition of a custody or visitation order a requirement that either party provide advance written notice of at least 90 days to the court, the other party, or both, of the intent to relocate the permanent residence of the party or the child either within or outside the State. (2) The court may prescribe the form and content of the notice requirement. (3) If the court orders that notice be given to the other party, a mailing of the notice by certified mail, return receipt requested, to the last known address of the other party shall be deemed sufficient to comply with the notice requirement. (4) (i) If either party files a petition regarding a proposed relocation within 20 days of the written notice of the relocation required by paragraph (1) of this subsection, the court shall set a hearing on the petition on an expedited basis. (ii) If either party files a petition regarding a proposed relocation that would significantly interfere with the other parent’s ability to maintain the predetermined parenting time schedule, the court shall set a hearing on the petition on an expedited basis. (b) On a showing that notice would expose the child or either party to abuse as defined in § 4–501 of this article or for any other good cause the court shall waive the notice required by this section. (c) If either party is required to relocate in less than the 90–day period specified in the notice requirement, the court may consider as a defense to any action brought for a violation of the notice requirement that: (1) relocation was necessary due to financial or other extenuating circumstances; and (2) the required notice was given within a reasonable time after learning of the necessity to relocate. (d) The court may consider any violation of the notice requirement as a factor in determining the merits of any subsequent proceeding involving custody or visitation.

Md. Code, Family Law § 9-107

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Disability” means: 1. a physical or mental impairment that substantially limits one or more of an individual’s major life activities; 2. a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or 3. being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities. (ii) “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325. (3) “Supportive parenting services” means services that may assist an individual with a disability in the effective use of techniques and methods to enable the individual to discharge the individual’s responsibilities to a child as successfully as an individual who does not have a disability, including nonvisual techniques for individuals who are blind. (b) (1) In any custody or visitation proceeding, the disability of a party is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child. (2) The party alleging that the disability of the other party affects the best interest of the child bears the burden of proving that the disability of the other party affects the best interest of the child. (3) If the burden of proof is met, the party who has a disability shall have the opportunity to prove that supportive parenting services would prevent a finding that the disability affects the best interest of the child. (4) If the court finds that the disability of a party affects the best interest of the child and denies or limits custody or visitation, the court shall specifically state in writing: (i) the basis for the finding; and (ii) the reason that the provision of supportive parenting services is not a reasonable accommodation to prevent the finding.

Md. Code, Family Law § 9-108

(a) (1) In this section, “deployment” means compliance with official orders received by a service member to report for combat operations or other active service for which the service member is required to report unaccompanied by any family member or that is classified by the service member’s branch as remote. (2) “Deployment” does not include reserve component annual training, inactive duty days, or drill weekends. (b) Any order or modification of an existing child custody or visitation order issued by a court during a term of a deployment of a parent shall specifically reference the deployment of the parent. (c) (1) A parent who petitions the court for an order or modification of an existing child custody or visitation order after returning from a deployment shall specifically reference the date of the end of the deployment in the petition. (2) (i) If the petition under paragraph (1) of this subsection is filed within 30 days after the end of the deployment of the parent, the court shall set a hearing on the petition on an expedited basis. (ii) If the court finds that extenuating circumstances prohibited the filing of the petition within 30 days after the end of the deployment of the parent, the court may set a hearing on the petition on an expedited basis whenever the petition is filed. (d) Any custody or visitation order issued based on the deployment of a parent shall require that: (1) the other parent reasonably accommodate the leave schedule of the parent who is subject to the deployment; (2) the other parent facilitate opportunities for telephone and electronic mail contact between the parent who is subject to the deployment and the child during the period of deployment; and (3) the parent who is subject to the deployment provide timely information regarding the parent’s leave schedule to the other parent.

Md. Code, Family Law § 9-201

(a) Subject to the provisions of §§ 9–101, 9–101.1, and 9–101.2 of this title, in determining what legal custody and physical custody is in the best interest of a child, the court may consider the following factors: (1) stability and the foreseeable health and welfare of the child; (2) frequent, regular, and continuing contact with parents who can act in the child’s best interest; (3) whether and how parents who do not live together will share the rights and responsibilities of raising the child; (4) the child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life; (5) the child’s physical and emotional security and protection from exposure to conflict and violence; (6) the child’s developmental needs, including physical safety, emotional security, positive self–image, interpersonal skills, and intellectual and cognitive growth; (7) the day–to–day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health; (8) how to: (i) place the child’s needs above the parents’ needs; (ii) protect the child from the negative effects of any conflict between the parents; and (iii) maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child; (9) the age of the child; (10) any military deployment of a parent and its effect, if any, on the parent–child relationship; (11) any prior court orders or agreements; (12) each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed; (13) the location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities; (14) the parents’ relationship with each other, including: (i) how they communicate with each other; (ii) whether they can co–parent without disrupting the child’s social and school life; and (iii) how the parents will resolve any disputes in the future without the need for court intervention; (15) the child’s preference, if age–appropriate; and (16) any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child. (b) The court shall articulate its findings of fact on the record or in a written opinion, including the consideration of each factor listed in subsection (a) of this section and any other factor that the court considered.

Md. Code, Family Law § 9-202

(a) The court may modify, in accordance with the provisions of this subtitle, a child custody or visitation order if the court determines that there has been a material change in circumstances since the issuance of the order that relates to the needs of the child or the ability of the parents to meet those needs and that modifying the order is in the best interest of the child. (b) A parent’s proposal to relocate the residence of the parent or the child in a way that would cause physical custody to be impracticable constitutes a material change in circumstances.

Md. Code, Family Law § 9-301

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Lawful custodian” means a person who is authorized to have custody of and exercise control over a child who is under the age of 16 years. (2) “Lawful custodian” includes a person who is authorized to have custody by an order of a court of competent jurisdiction in this State or any other state. (c) “Relative” means: (1) a parent; (2) a grandparent or other ancestor; (3) a brother; (4) a sister; (5) an aunt; (6) an uncle; or (7) an individual who was a lawful custodian before the commission of an act that violates § 9-304 or § 9-305 of this subtitle.

Md. Code, Family Law § 9-302

(a) An equity court has jurisdiction over custody and visitation of a child who is removed from this State by a parent of the child, if: (1) the parents are separated or divorced and this State was: (i) the marital domicile of the parents; or (ii) the domicile in which the marriage contract was last performed; (2) 1 of the parents was a resident of this State when the child was removed and that parent continues to reside in this State; and (3) the court obtains personal jurisdiction over the parent who removes the child. (b) This section does not affect any other basis of an equity court’s jurisdiction over custody and visitation of a child.

Md. Code, Family Law § 9-303

(a) This section applies if there is a conflict between a custody order of a court of this State and a custody order of a court of another state. (b) Except as provided in subsection (c) of this section, a custody order of a court of this State prevails over a custody order of a court of another state. (c) A custody order of a court of another state prevails over a custody order of a court of this State if the court in the other state passed its custody order: (1) after the custody order was passed by a court of this State; and (2) in proceedings in which the lawful custodian under the custody order of a court of this State: (i) consented to the custody order passed by the court of the other state; or (ii) participated personally as a party.

Md. Code, Family Law § 9-304

If a child is under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not, with the intent to deprive the lawful custodian of the custody of the child: (1) abduct, take, or carry away the child from the lawful custodian to a place within this State; (2) having acquired lawful possession of the child, detain the child within this State for more than 48 hours after the lawful custodian demands that the child be returned; (3) harbor or hide the child within this State, knowing that possession of the child was obtained by another relative in violation of this section; or (4) act as an accessory to an act prohibited by this section.

Md. Code, Family Law § 9-305

(a) If a child is under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not, with the intent to deprive the lawful custodian of the custody of the child: (1) abduct, take, or carry away the child from the lawful custodian to a place in another state; (2) having acquired lawful possession of the child, detain the child in another state for more than 48 hours after the lawful custodian demands that the child be returned; (3) harbor or hide the child in another state knowing that possession of the child was obtained by another relative in violation of this section; or (4) act as an accessory to an act prohibited by this section. (b) If a child is under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not, with the intent to deprive the lawful custodian of the custody of the child: (1) abduct, take, or carry away the child from the lawful custodian to a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico; (2) having acquired lawful possession of the child, detain the child in a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico for more than 48 hours after the lawful custodian demands that the child be returned; (3) harbor or hide the child in a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico knowing that possession of the child was obtained by another relative in violation of this section; or (4) act as an accessory to an act prohibited by this section.

Md. Code, Family Law § 9-306

(a) If an individual violates the provisions of § 9-304 or § 9-305 of this subtitle, the individual may file in an equity court a petition that: (1) states that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child; and (2) seeks to revise, amend, or clarify the custody order. (b) If a petition is filed as provided in subsection (a) of this section within 96 hours of the act, a finding by the court that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child is a complete defense to any action brought for a violation of § 9-304 or § 9-305 of this subtitle.

Md. Code, Family Law § 9-307

(a) A person who violates any provision of § 9–304 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250 or imprisonment not exceeding 30 days. (b) If the child is out of the custody of the lawful custodian for not more than 30 days, a person who violates any provision of § 9–305(a) of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both. (c) If the child is out of the custody of the lawful custodian for more than 30 days, a person who violates any provision of § 9–305(a) of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years, or both. (d) A person who violates any provision of § 9–305(b) of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.

Md. Code, Family Law § 9-401

(a) In this subtitle the following words have the meanings indicated. (b) “Law enforcement agency” means a State, county, or municipal police department or agency, or a sheriff’s department. (c) “Missing child” means a person who is: (1) under the age of 18 years; and (2) the subject of a missing persons report filed with a law enforcement agency in this State and whose whereabouts are unknown.

Md. Code, Family Law § 9-402

(a) On receipt of a report regarding a missing child by a law enforcement agency, the law enforcement agency shall immediately determine if: (1) the missing child has not been the subject of a prior missing persons report; (2) the missing child suffers from a mental or physical handicap or illness; (3) the disappearance of the missing child is of a suspicious or dangerous nature; (4) the person filing the report of a missing child has reason to believe that the missing child may have been abducted; (5) the missing child has ever previously been the subject of a child abuse report filed with the State or local law enforcement agency; or (6) the missing child is under 17 years of age. (b) Upon conclusion by the law enforcement agency that any one of the conditions specified in subsection (a) of this section exists, the law enforcement agency shall immediately: (1) enter all necessary and available information into the National Crime Information Center (NCIC) computer networks within 2 hours after receipt of the minimum information necessary to make the entry; (2) institute appropriate intensive search procedures, including the coordination of volunteer search teams; (3) notify the National Center for Missing and Exploited Children; (4) notify the appropriate local department and, to the extent possible, obtain any information that may assist in the locating of the missing child; and (5) enlist the aid of the Department of State Police, when appropriate, in locating the missing child. (c) If the conditions specified in subsection (a) of this section do not exist, the law enforcement agency shall: (1) immediately seek to determine the circumstances surrounding the disappearance of the missing child; and (2) implement the procedures set forth in subsection (b) of this section within 12 hours of the filing of a report regarding a missing child, if the missing child has not been located. (d) Notwithstanding any provision of law to the contrary, if a missing child has not been located within 24 hours of the filing of a missing persons report and either the local law enforcement agency or the Department of State Police have reason to believe that the missing child may be located in a jurisdiction other than the jurisdiction where the missing persons report was filed, the Department of State Police shall enter the investigation and, in cooperation with the appropriate local law enforcement agencies, assist State and national efforts to locate the missing child. (e) (1) A law enforcement agency may not establish a mandatory waiting period before beginning an investigation to locate a missing child. (2) A law enforcement agency may not adopt rules, regulations, or policies that prohibit or discourage the filing of a report or the taking of any action on a report that a child is a missing child or that a child is believed to be a missing child. (f) Every person filing a report of a missing child shall be required to notify the local law enforcement agency and the Department of State Police immediately upon the locating of the missing child if it is unlikely that the local law enforcement agency or the Department of State Police have knowledge that the missing child has been located.

Md. Code, Family Law § 9-403

(a) There is a State Clearinghouse for Missing Children operated by the Department of State Police that is responsible for: (1) the receipt, collection, and distribution of general information and annual statistics regarding missing children; and (2) coordination of law enforcement agencies and other interested persons or groups within and outside the State regarding information on children who have disappeared from, or are thought to be located in, Maryland. (b) For children who have disappeared from or are thought to be located in the State, the State Clearinghouse for Missing Children: (1) shall publish: (i) the names of and relevant available information on missing children; and (ii) annual statistics regarding missing children; and (2) may establish and maintain a list of organizations and groups that provide volunteer search teams or resources relating to missing children. (c) The Secretary of State Police may develop, in cooperation with local law enforcement agencies, a plan for voluntary fingerprinting programs for children.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026