Maryland SB 41: Family Law – Child Custody and Visitation

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0041*

SENATE BILL 41
D4 2lr0377
SB 57/21 – JPR (PRE–FILED) CF HB 104
By: Senator Lee
Requested: August 11, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Family Law – Child Custody and Visitation 2

FOR the purpose of requiring a court, in a custody or visitation proceeding, to deny custody 3
or visitation rights to a party under certain circumstances, unless the court makes a 4
certain finding and states the reasons for the finding; authorizing the court to 5
approve a supervised visitation arrangement under certain circumstances; providing 6
that any reasonable effort to protect a child or a party to a custody or visitation order 7
from the other party may not be considered an unjustifiable denial of or interference 8
with visitation; and generally relating to child custody and visitation. 9

BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 9–101 and 9–105 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Family Law 17

9–101. 18

[(a) In any custody or visitation proceeding, if the court has reasonable grounds to 19
believe that a child has been abused or neglected by a party to the proceeding, the court 20
shall determine whether abuse or neglect is likely to occur if custody or visitation rights 21
are granted to the party.] 22

[(b)] (A) [Unless the court specifically finds that there is no likelihood of further 23

2 SENATE BILL 41

child abuse or neglect by the party, the] EXCEPT AS PROVIDED IN SUBSECTION (B) OF 1
THIS SECTION, IN ANY CUSTODY OR VISITATION PROCEEDING, THE court shall deny 2
custody or visitation rights to [that party, except that 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] A PARTY IF THE COURT FINDS BY A PREPONDERANCE 5
OF THE EVIDENCE THAT A CHILD HAS BEEN ABUSED OR NEGLECTED BY THE PARTY, 6
UNLESS THE COURT: 7

(1) SPECIFICALLY FINDS THAT THERE IS NO LIKELIHOOD OF 8
FURTHER CHILD ABUSE OR NEGLECT BY THE PARTY; AND 9

(2) STATES WITH SPECIFICITY THE REASONS FOR THE FINDING THAT 10
THERE IS NO LIKELIHOOD OF FURTHER CHILD ABUSE OR NEGLECT BY THE PARTY. 11

(B) A COURT MAY APPROVE A SUPERVISED VISITATION ARRANGEMENT IF 12
THE ARRANGEMENT: 13

(1) SPECIFICALLY TAKES INTO ACCOUNT THE TYPE OF CHILD ABUSE 14
OR NEGLECT, INCLUDING WHETHER, IN THE CASE OF CHILD ABUSE, THE ABUSE WAS 15
EMOTIONAL, PHYSICAL, OR SEXUAL; AND 16

(2) ASSURES THE SAFETY AND THE PHYSIOLOGICAL, 17
PSYCHOLOGICAL, AND EMOTIONAL WELL–BEING OF THE CHILD. 18

9–105. 19

(A) In any custody or visitation proceeding, if the court determines that a party to 20
a custody or visitation order has unjustifiably denied or interfered with visitation granted 21
by a custody or visitation order, the court may, in addition to any other remedy available 22
to the court and in a manner consistent with the best interests of the child, take any or all 23
of the following actions: 24

(1) order that the visitation be rescheduled; 25

(2) modify the custody or visitation order to require additional terms or 26
conditions designed to ensure future compliance with the order; or 27

(3) assess costs or counsel fees against the party who has unjustifiably 28
denied or interfered with visitation rights. 29

(B) ANY REASONABLE EFFORT TO PROTECT A CHILD OR A PARTY TO A 30
CUSTODY OR VISITATION ORDER FROM THE OTHER PARTY MAY NOT BE CONSIDERED 31
AN UNJUSTIFIABLE DENIAL OF OR INTERFERENCE WITH VISITATION GRANTED BY A 32
CUSTODY OR VISITATION ORDER. 33

SENATE BILL 41 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. 2