reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 14 - Child Conceived Without Consent › Section 5-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Nonconsensual sexual conduct” means an act committed by a respondent against the other parent that is prohibited under:
(1)    § 3–303 or § 3–304(a)(1) or (2) of the Criminal Law Article; or
(2)    § 3–323 of the Criminal Law Article, if the other parent is a minor and the respondent was at least 4 years older than the other parent at the time of the act.
(c)    “Respondent” means the parent against whom an action for termination of parental rights is filed under this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 14 - Child Conceived Without Consent › Section 5-1402 - Termination of Parental Rights

(a)    Except as provided in subsection (b) of this section, after a trial, a court may terminate the parental rights of a respondent under this subtitle if the court:
(1)    determines that the respondent has been served in accordance with the Maryland Rules;
(2)    (i)    finds that the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue in an action under this subtitle; or
(ii)    finds by clear and convincing evidence that the respondent committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child at issue in an action under this subtitle; and
(3)    finds by clear and convincing evidence that it is in the best interest of the child to terminate the parental rights of the respondent.
(b)    The court may not terminate parental rights under subsection (a) of this section if the parents were married at the time of the conception of the child at issue unless:
(1)    the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child; or
(2)    the parents were separated in accordance with a protective order during the time of the conception of the child and have remained separate and apart since the time of conception.
(c)    A termination of parental rights under this section terminates completely:
(1)    a parent’s right to custody of, guardianship of, access to, visitation with, and inheritance from the child; and
(2)    a parent’s responsibility to support the child, including the responsibility to pay child support.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 14 - Child Conceived Without Consent › Section 5-1403 - Procedure

(a)    An action for termination of parental rights under this subtitle may be filed by either parent of the child, the child’s court–appointed guardian, or the child’s court–appointed attorney.
(b)    (1)    An action for termination of parental rights filed by a parent under this subtitle shall be filed within 7 years after the later of:
(i)    the date of the birth of the child conceived as a result of the nonconsensual sexual conduct; or
(ii)    the date on which the parent knew or should have known the other parent’s identity.
(2)    An action for termination of parental rights filed by a child’s court–appointed guardian or attorney under this subtitle shall be filed before the child becomes an adult.
(c)    In an action for termination of parental rights filed against a respondent by a child’s court–appointed guardian or attorney under this subtitle:
(1)    the other parent shall be joined as a party to the action; and
(2)    the action may not proceed if the other parent objects before the commencement of a trial under this subtitle.
(d)    (1)    Except as provided in paragraph (3) of this subsection, when proof is made by affidavit that good faith efforts to serve the respondent have not succeeded or that the respondent has acted to evade service, the court may order any other means of service that the court considers appropriate under the circumstances and that is reasonably calculated to give actual notice of the proceeding to the respondent.
(2)    The court shall rule on any motion for alternative service under this subsection within 15 days after the filing of the motion.
(3)    The court may not require publication of the name or personally identifying information of the other parent or the child.
(e)    (1)    A scheduling conference shall be held within 60 days after service of the complaint.
(2)    At the scheduling conference, the court:
(i)    shall issue a scheduling order, taking into consideration the best interest of the child, the time needed for discovery, and the interest of justice;
(ii)    after providing the parents with an opportunity to be heard, may determine temporary custody of the minor child; and
(iii)    shall advise the respondent that:
1.    the respondent may refuse to testify or to offer evidence; and
2.    no adverse inference may be drawn from the respondent’s refusal to testify or to offer evidence.
(3)    Failure of the court to advise a respondent under paragraph (2)(iii) of this subsection is not grounds to overturn a finding under this subtitle.
(4)    A complaint filed under this subtitle shall include a notice to the respondent that a scheduling conference will be held within 60 days after service of the complaint.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 14 - Child Conceived Without Consent › Section 5-1404 - Trial

(a)    (1)    Except as provided in paragraph (2) of this subsection, the court shall hold a trial on termination of parental rights not later than 180 days after an answer to the complaint is filed.
(2)    Unless both parents agree otherwise or the court finds that it is in the best interest of the child to proceed, if a criminal proceeding involving the same underlying facts is pending at the time an action to terminate parental rights under this subtitle is filed, or if a criminal proceeding involving the same underlying facts is commenced after an action to terminate parental rights under this subtitle is filed, the court may stay all further proceedings in the action to terminate parental rights until the criminal proceeding is resolved.
(b)    In an action to terminate parental rights under this subtitle:
(1)    the respondent may refuse to testify or to offer evidence; and
(2)    no adverse inference may be drawn from the respondent’s refusal to testify or to offer evidence.
(c)    A parent’s testimony and any other information obtained from the parent in a proceeding under this subtitle and any information directly or indirectly derived from the parent’s testimony or the other information are inadmissible as evidence in a criminal proceeding against that parent if:
(1)    the criminal proceeding involves the same underlying facts; and
(2)    the evidence is offered for a purpose other than impeachment.
(d)    The court, on its own motion or on petition, and for good cause shown, may order that court records of a proceeding under this subtitle be sealed or may require that filings be submitted and maintained in a form that protects the privacy of the parents and the child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 14 - Child Conceived Without Consent › Section 5-1405 - Right to Counsel

(a)    A parent in a proceeding under this subtitle is entitled to the assistance of counsel.
(b)    (1)    The court shall:
(i)    refer an unrepresented parent to a qualified grantee of the Maryland Legal Services Corporation for assignment of counsel; or
(ii)    appoint counsel for an unrepresented parent.
(2)    A parent is not entitled to the assistance of counsel at the expense of the Maryland Legal Services Corporation or to appointed counsel unless the parent is indigent.
2023 Maryland Statutes › Family Law › Title 7 - Divorce › Section 7-102 - Limited Divorce.

(a)    The court may decree a limited divorce on the following grounds:
(1)    cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2)    excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3)    desertion; or
(4)    separation, if the parties are living separate and apart without cohabitation.
(b)    The court may decree a divorce under this section for a limited time or for an indefinite time.
(c)    The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.
(d)    If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.
2023 Maryland Statutes › Family Law › Title 7 - Divorce › Section 7-103.2 - Child Support and Custody Educational Seminar

(a)    This section applies to an action for divorce in which issues of child support, custody, or visitation are raised.
(b)    Prior to granting a decree of divorce, the court may require all parties to participate in an educational seminar that is designed to educate parents about the effects, and to minimize the disruption, of a divorce on the lives of children.
(c)    (1)    The Court of Appeals shall adopt rules to implement this section.
(2)    Rules adopted in accordance with this subsection shall:
(i)    provide for the content of the seminar required under this section;
(ii)    require successful completion of the seminar by all parties to the action within a certain time after the service of the original complaint upon the defendant;
(iii)    establish sanctions for failure to successfully complete the seminar required under this section;
(iv)    for purposes of funding the cost of the seminar, establish a fee that:
1.    shall be assessed as costs; and
2.    may be waived under appropriate circumstances; and
(v)    establish criteria for exemption from the requirement that the parties participate in an educational seminar, except that a court may not exempt the parties from attending the educational seminar if there is any evidence of domestic violence or child abuse or neglect.
(d)    The seminar required under this section may be provided under contract with a public or private agency.
(e)    Unless the parties stipulate otherwise, any information about a party, including statements or reports, obtained from an educational seminar required by this section, is not admissible during the action for divorce of that party.
(f)    This section may not be construed to require the parties to an action for divorce to attend the educational seminar together.
2023 Maryland Statutes › Family Law › Title 7 - Divorce › Section 7-104 - Offer or Refusal of Reconciliation

(a)    In and of itself neither of the following is a defense to or a bar to a divorce:
(1)    an unaccepted offer of reconciliation by a spouse; or
(2)    a rejected attempt at reconciliation by a spouse.
(b)    In and of itself neither of the following is a defense to, a bar to, or a ground for a divorce:
(1)    the refusal of a spouse to accept an offer of reconciliation made by the other spouse; or
(2)    the rejection by a spouse of an attempt at reconciliation made by the other spouse.
2023 Maryland Statutes › Family Law › Title 7 - Divorce › Section 7-105 - Restoration of Former Name

(a)    In granting a decree of absolute divorce or on motion of a party filed within 18 months after a final decree of absolute divorce is entered, the court shall change the name of the requesting party to either the name given the party at birth or any other former name the party wishes to use if:
(1)    the party took a new name on marriage and no longer wishes to use it;
(2)    the party asks for the change of name; and
(3)    the purpose of the party is not illegal, fraudulent, or immoral.
(b)    The provisions of Maryland Rule 15–901 relating to an action for a change of name do not apply to a change of name under this section.
2023 Maryland Statutes › Family Law › Title 7 - Divorce › Section 7-107 - Award of Reasonable and Necessary Expenses

(a)    In this section, “reasonable and necessary expense” includes:
(1)    suit money;
(2)    counsel fees; and
(3)    costs.
(b)    At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
(c)    Before ordering the payment, the court shall consider:
(1)    the financial resources and financial needs of both parties; and
(2)    whether there was substantial justification for prosecuting or defending the proceeding.
(d)    Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
(e)    The court may award reimbursement for any reasonable and necessary expense that has previously been paid.
(f)    As to any amount awarded for counsel fees, the court may:
(1)    order that the amount awarded be paid directly to the lawyer; and
(2)    enter judgment in favor of the lawyer.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 1 - Deeds, Agreements, and Settlements Between Spouses › Section 8-101 - Deeds, Agreements, and Settlements Valid

(a)    A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.
(b)    A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 1 - Deeds, Agreements, and Settlements Between Spouses › Section 8-102 - Deed or Agreement Not Bar to Divorce

A deed or agreement between spouses is not a bar to an action for absolute or limited divorce, regardless of whether the deed or agreement was executed:
(1)    when the parties were living together or apart; or
(2)    before, after, or while there was a ground for divorce.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 1 - Deeds, Agreements, and Settlements Between Spouses › Section 8-103 - Modification of Deed, Agreement, or Settlement

(a)    The court may modify any provision of a deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, if the modification would be in the best interests of the child.
(b)    The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states that the provisions with respect to spousal support are not subject to any court modification.
(c)    The court may modify any provision of a deed, agreement, or settlement with respect to alimony or spousal support executed on or after April 13, 1976, regardless of how the provision is stated, unless there is:
(1)    an express waiver of alimony or spousal support; or
(2)    a provision that specifically states that the provisions with respect to alimony or spousal support are not subject to any court modification.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 1 - Deeds, Agreements, and Settlements Between Spouses › Section 8-105 - Power of Court to Enforce or Modify Provisions

(a)    (1)    The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree.
(2)    The court may enforce by power of contempt or as an independent contract not superseded by the divorce decree the provisions of a deed, agreement, or settlement that contain language that the deed, agreement, or settlement is incorporated but not merged into a divorce decree.
(b)    The court may modify any provision of a deed, agreement, or settlement that is:
(1)    incorporated, whether or not merged, into a divorce decree; and
(2)    subject to modification under § 8-103 of this subtitle.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Child” means a child:
(1)    under the age of 18 years; or
(2)    18 years old or older and dependent on a parent because of mental or physical infirmity.
(c)    (1)    “Family home” means the property in this State that:
(i)    was used as the principal residence of the parties when they lived together;
(ii)    is owned or leased by 1 or both of the parties at the time of the proceeding; and
(iii)    is being used or will be used as a principal residence by 1 or both of the parties and a child.
(2)    “Family home” does not include property:
(i)    acquired before the marriage;
(ii)    acquired by inheritance or gift from a third party; or
(iii)    excluded by valid agreement.
(d)    (1)    “Family use personal property” means tangible personal property:
(i)    acquired during the marriage;
(ii)    owned by 1 or both of the parties; and
(iii)    used primarily for family purposes.
(2)    “Family use personal property” includes:
(i)    motor vehicles;
(ii)    furniture;
(iii)    furnishings; and
(iv)    household appliances.
(3)    “Family use personal property” does not include property:
(i)    acquired by inheritance or gift from a third party; or
(ii)    excluded by valid agreement.
(e)    (1)    “Marital property” means the property, however titled, acquired by 1 or both parties during the marriage.
(2)    “Marital property” includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement.
(3)    Except as provided in paragraph (2) of this subsection, “marital property” does not include property:
(i)    acquired before the marriage;
(ii)    acquired by inheritance or gift from a third party;
(iii)    excluded by valid agreement; or
(iv)    directly traceable to any of these sources.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-202 - Ownership of Personal and Real Property

(a)    (1)    When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2)    When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3)    Except as provided in § 8–205 of this subtitle, the court may not transfer the ownership of personal or real property from one party to the other.
(b)    When the court determines the ownership of personal or real property, the court may:
(1)    grant a decree that states what the ownership interest of each party is; and
(2)    as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-203 - Marital Property -- Determination

(a)    In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1)    when the court grants an annulment or an absolute divorce;
(2)    within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3)    after the 90–day period if:
(i)    the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii)    during the 90–day period, the court extends the time for making the determination; and
(iii)    the parties consent to the extension.
(b)    In this subtitle a military pension shall be considered in the same manner as any other pension or retirement benefit.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-204 - Marital Property -- Valuation

(a)    Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.
(b)    (1)    The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an “if, as, and when” basis.
(2)    If a party objects to the distribution of retirement benefits on an “if, as, and when” basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an “if, as, and when” basis shall be deemed to be waived unless good cause is shown.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-206 - Family Home; Family Use Personal Property -- Legislative Policy

The court shall exercise its powers under §§ 8-207 through 8-213 of this subtitle:
(1)    to enable any child of the family to continue to live in the environment and community that are familiar to the child; and
(2)    to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-207 - Family Home; Family Use Personal Property -- Determination; Order or Decree; Property Not Included

(a)    In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:
(1)    before the court grants an annulment or a limited or absolute divorce; or
(2)    when the court grants an annulment or a limited or absolute divorce.
(b)    A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
(c)    If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-208 - Family Home; Family Use Personal Property -- Award of Possession and Use; Standards; Order or Decree; Allocation of Financial Responsibilities

(a)    (1)    When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i)    decide that one of the parties shall have the sole possession and use of that property; or
(ii)    divide the possession and use of the property between the parties.
(2)    The court may exercise these powers pendente lite.
(b)    In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1)    the best interests of any child;
(2)    the interest of each party in continuing:
(i)    to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii)    to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3)    any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8–207 through 8–213 of this subtitle.
(c)    The court may order or decree that either or both of the parties pay all or any part of:
(1)    any mortgage payments or rent;
(2)    any indebtedness that is related to the property;
(3)    the cost of maintenance, insurance, assessments, and taxes; or
(4)    any similar expenses in connection with the property.
(d)    An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-209 - Family Home; Family Use Personal Property -- Power of Court Over Order or Decree

In a temporary or final order or decree, each provision that concerns the family home or family use personal property is subject, as the circumstances and justice may require, to:
(1)    the terms and conditions that the court sets;
(2)    the time limits that the court sets, subject to § 8-210 of this subtitle; and
(3)    modification or dissolution by the court.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-210 - Family Home; Family Use Personal Property -- Termination of Order or Decree

(a)    (1)    In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.
(2)    The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.
(b)    Subject to the provisions of subsection (a) of this section, in any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate when the party with the possession or use of the property remarries.
(c)    When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 of this subtitle.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-211 - Family Home; Family Use Personal Property -- Not Evidence of Constructive Desertion

An order, award, or decree under §§ 8-207 through 8-209 of this subtitle may not be considered as evidence of constructive desertion.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-212 - Exercise of Powers After Foreign Divorce or Annulment

If an annulment or a divorce has been granted by a court in a foreign jurisdiction, a court in this State may exercise the powers under this subtitle if:
(1)    one of the parties was domiciled in this State when the foreign proceeding was commenced; and
(2)    the court in the other jurisdiction lacked or did not exercise personal jurisdiction over the party domiciled in this State or jurisdiction over the property at issue.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-213 - Enforcement

(a)    Any order, award, or decree entered under this subtitle may be enforced under the Maryland Rules.
(b)    Any decree of annulment or of limited or absolute divorce in which the court reserves any power under this subtitle is final and subject to appeal in all other respects.
2023 Maryland Statutes › Family Law › Title 8 - Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment › Subtitle 2 - Property Disposition in Annulment and Divorce › Section 8-214 - Award of Reasonable and Necessary Expenses

(a)    In this section, “reasonable and necessary expense” includes:
(1)    suit money;
(2)    counsel fees; and
(3)    costs.
(b)    At any point in a proceeding under this subtitle, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
(c)    Before ordering the payment, the court shall consider:
(1)    the financial resources and financial needs of both parties; and
(2)    whether there was substantial justification for prosecuting or defending the proceeding.
(d)    Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
(e)    The court may award reimbursement for any reasonable and necessary expense that has previously been paid.
(f)    As to any amount awarded for counsel fees, the court may:
(1)    order that the amount awarded be paid directly to the lawyer; and
(2)    enter judgment in favor of the lawyer.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-101 - Denial of Custody or Visitation on Basis of Likely Abuse or Neglect

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-101.1 - Abuse Against Certain Individuals

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-101.2 - Parent Convicted of Murder of Certain Persons

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-102 - Petition by Grandparents for Visitation

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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-103 - Petition by Child to Change Custody

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-105 - Unjustifiable Denial or Interference With Visitation Granted by Order

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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-106 - Notification Prior to Relocation of Child

(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)    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.
(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-107 - Relevancy of Disability in Custody or Visitation Proceeding

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 1 - In General › Section 9-108 - Custody or Visitation Order Based on Deployment of a Parent

(a)    In this section:
(1)    “deployment” means compliance with military orders received by a member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other Reserve component to report for combat operations or other active service for which the member is required to report unaccompanied by any family member or that is classified by the member’s branch as remote; and
(2)    “deployment” does not include National Guard or Reserve 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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 3 - Removal of Child From State; Child Abduction › Section 9-301 - Definitions

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 3 - Removal of Child From State; Child Abduction › Section 9-302 - Jurisdiction Over Custody and Visitation

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 3 - Removal of Child From State; Child Abduction › Section 9-303 - Conflict as to Lawful Custodian

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 3 - Removal of Child From State; Child Abduction › Section 9-304 - Prohibited Acts -- in This State

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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 3 - Removal of Child From State; Child Abduction › Section 9-305 - Prohibited Acts -- Outside of This State

(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.
2023 Maryland Statutes › Family Law › Title 9 - Child Custody and Visitation › Subtitle 3 - Removal of Child From State; Child Abduction › Section 9-306 - Clear and Present Danger to Child

(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.