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Session Laws, 1975
Volume 716, Page 1342   View pdf image
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1342

LAWS OF MARYLAND

[Ch. 265

(4) (I) IT APPEARS THAT NO OTHER STATE WOULD
HAVE JURISDICTION UNDER PREREQUISITES SUBSTANTIALLY IN
ACCORDANCE WITH PARAGRAPHS (1), (2), OR (3), OR ANOTHER
STATE HAS DECLINED TO EXERCISE JURISDICTION ON THE GROUND
THAT THIS STATE IS THE MORE APPROPRIATE FORUM TO
DETERMINE THE CUSTODY OF THE CHILD, AND (II) IT IS IN THE
BEST INTEREST OF THE CHILD THAT THIS COURT ASSUME
JURISDICTION.

(B)    EXCEPT UNDER PARAGRAPHS (3) AND (4) OF
SUBSECTION (A), PHYSICAL PRESENCE IN THIS STATE OF THE
CHILD, OR OF THE CHILD AND ONE OF THE CONTESTANTS, IS NOT
ALONE SUFFICIENT TO CONFER JURISDICTION ON A COURT OF
THIS STATE TO MAKE A CHILD CUSTODY DETERMINATION.

(C)    PHYSICAL PRESENCE OF THE CHILD, WHILE
DESIRABLE, IS NOT A PREREQUISITE FOR JURISDICTION TO
DETERMINE HIS CUSTODY.

[[3-1004]] 187.

BEFORE MAKING A DECREE UNDER THIS SUBTITLE,
REASONABLE NOTICE AND OPPORTUNITY TO BE HEARD SHALL BE
GIVEN TO THE CONTESTANTS, ANY PARENT WHOSE PARENTAL
RIGHTS HAVE NOT BEEN PREVIOUSLY TERMINATED, AND ANY
PERSON WHO HAS PHYSICAL CUSTODY OF THE CHILD. IF ANY OF
THESE PERSONS IS OUTSIDE THIS STATE, NOTICE AND
OPPORTUNITY TO BE HEARD SHALL BE GIVEN PURSUANT TO THE
MARYLAND RULES OF PROCEDURE.

[[3-10051] 188.

(A)    EXCEPT WHERE THE CHILD HAS BEEN ABANDONED OR
IT IS NECESSARY IN AN EMERGENCY TO PROTECT THE CHILD
BECAUSE HE HAS BEEN SUBJECTED TO OR THREATENED WITH
MISTREATMENT OR IS OTHERWISE NEGLECTED OR DEPENDENT, A
COURT OF THIS STATE SHALL NOT EXERCISE ITS JURISDICTION
UNDER THIS SUBTITLE IF AT THE TIME OF FILING THE PETITION
A PROCEEDING CONCERNING THE CUSTODY OF THE CHILD WAS
PENDING IN A COURT OF ANOTHER STATE EXERCISING
JURISDICTION SUBSTANTIALLY IN CONFORMITY WITH THIS
SUBTITLE, UNLESS THE PROCEEDING IS STAYED BY THE COURT OF
THE OTHER STATE BECAUSE THIS STATE IS A MORE APPROPRIATE
FORUM OR FOR OTHER REASONS.

(B)    BEFORE HEARING THE PETITION IN A CUSTODY
PROCEEDING THE COURT SHALL EXAMINE THE PLEADINGS AND
OTHER INFORMATION SUPPLIED BY THE PARTIES UNDER SECTION
[[221]] 191 AND SHALL CONSULT THE CHILD CUSTODY REGISTRY
ESTABLISHED UNDER SECTION [[3-1015]] 198 CONCERNING THE
PENDENCY OF PROCEEDINGS WITH RESPECT TO THE CHILD IN
OTHER STATES. IF THE COURT HAS REASON TO BELIEVE THAT
PROCEEDINGS MAY BE PENDING IN ANOTHER STATE IT SHALL
DIRECT AN INQUIRY TO THE STATE COURT ADMINISTRATOR OR

 

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Session Laws, 1975
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