1898

LAWS OF MARYLAND

Ch. 690

Section 29

Annotated Code of Maryland

(1973 Replacement Volume and 1975 Supplement)

BY adding to

Article 72A - Parent and Child

Section 1A

Annotated Code of Maryland

(1970 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 29 be and it is hereby added
to Article 16 — Chancery, of the Annotated Code of
Maryland (1973 Replacement Volume and 1975 Supplement) to
read as follows:

Article 16 - Chancery

29.

[[(A)]] THE DOMICILE OF ONE SPOUSE DOES NOT FIX
BY OPERATION OF LAW THE DOMICILE OF THE OTHER SPOUSE,
WHICH SHALL BE DETERMINED BY REFERENCE TO THE SAME
FACTORS AS IN THE CASE OF ANY OTHER INDIVIDUAL CAPABLE OF
HAVING AN INDEPENDENT DOMICILE.

[[(B) NEITHER SPOUSE HAS A RIGHT SUPERIOR TO THE
OTHER SPOUSE IN THE CHOICE AND ESTABLISHMENT OF A MARITAL
DOMICILE. THE REFUSAL OF A SPOUSE TO FOLLOW THE OTHER
SPOUSE WHO HAS CHOSEN OR ESTABLISHED A NEW DOMICILE DOES
NOT OF ITSELF CONSTITUTE DESERTION OR ABANDONMENT AS A
GROUND, BAR, OR DEFENSE IN ANY DIVORCE ACTION.]]

SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 1A be and it is hereby added to Article 72A -
Parent and Child, of the Annotated Code of Maryland (1970
Replacement Volume and 1975 Supplement) to read as
follows:

Article 72A — Parent and Child

1A.

THE DOMICILE OF A CHILD IS THE SAME AS THE DOMICILE
OF BOTH OR ONE OF ITS PARENTS. IF THE PARENTS LIVE
APART, THE CHILD'S DOMICILE IS THAT OF (1) THE PARENT TO
WHOM LEGAL CUSTODY IS AWARDED; (2) IF LEGAL CUSTODY IS
NOT DETERMINED, THE PARENT WITH WHOM THE CHILD RESIDES;
OR (3) IF THE CHILD DOES NOT LIVE WITH EITHER PARENT, THE
PERSON WHO ACTS IN THE CAPACITY OF PARENT OR GUARDIAN.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.