HARRY HUGHES, Governor                                         1925

to conform to the language used throughout this title.

In subsection (a)(2) of this section,. the statement
that the other "parent is the sole natural guardian"
is substituted for the former clause "the guardianship
devolves upon the other parent", for clarity.

In subsection (a)(2)(iii) of this section, the phrase
"as a parent" is new language added for clarity.

In subsection (c)(1) of this section, the term
"custody" is substituted for the former term
"guardianship", for clarity and to reflect practice.

In subsection (c)(2) of this section, the term
"presumed" is new language added to clarify that a
parent's right to the custody of a child may be
superior to the other parent's right, on the basis of
evidence presented to a court, or on the basis of an
agreement between the parties, subject to the approval
of the court. Therefore, the equality of the parents'
rights is a presumption that may be rebutted by
testimony, by an agreement between the parties, or by
court action.

Also in subsection (c)(2) of this section, the former
clause "in any custody proceeding, neither parent
shall be given preference solely because of his or her
sex" is deleted as unnecessary in light of the
Maryland Equal Rights Amendment.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
language of subsection (a)(2)(ii) of this section may
not reflect the intended scope of the subsection
accurately. The General Assembly may wish to
substitute the abandonment of "the minor child" for
abandonment of "the family" as an event that
terminates a parent's natural guardianship of the
child.

Defined term: "Support" § 1-101

5-204. DOMICILE OF MINOR CHILD.

(A) IN GENERAL.

(1)   IF A MINOR CHILD HAS ONLY 1 PARENT, THE DOMICILE
OF THE CHILD IS THE SAME AS THAT OF THE PARENT.

(2)   IF THE PARENTS OF A MINOR CHILD LIVE TOGETHER,
AND THE CHILD LIVES WITH THEM, THE DOMICILE OF THE CHILD IS THE
SAME AS THAT OF THE PARENTS.

(B) DOMICILE OF MINOR CHILD IF PARENTS LIVE APART.