HARRY HUGHES, Governor

2089

GENERAL REVISOR'S NOTE:

Throughout this subtitle, the terms "party" and "parties"
are substituted for the former terms "spouse" and "spouses" to
conform the language throughout this subtitle and to conform to
the language used in Title 11 of this article.

The fifth clause of the first sentence of former Article 16,
§ 25, which related to the treatment, at the time of a limited
divorce, of the property that the wife owned before the marriage,
is deleted as violative of the Maryland Equal Rights Amendment,
and obsolete.

TITLE 9. CHILD CUSTODY AND VISITATION.

SUBTITLE 1. IN GENERAL.

9-101. PETITION BY GRANDPARENTS FOR VISITATION.

AT ANY TIME AFTER THE TERMINATION OF A MARRIAGE, AN EQUITY
COURT MAY:

(1)  CONSIDER A PETITION FOR REASONABLE VISITATION BY
A GRANDPARENT OF A NATURAL OR ADOPTED CHILD OF THE PARTIES WHOSE
MARRIAGE HAS BEEN TERMINATED; AND

(2)  IF THE COURT FINDS IT TO BE IN THE BEST INTERESTS
OF THE CHILD, GRANT VISITATION RIGHTS TO THE GRANDPARENT.

REVISOR'S NOTE: This section formerly appeared as the
second sentence of CJ § 3-602(a)(4).

The only changes are in style.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
language of this section limits the right of a
grandparent to petition for visitation of a grandchild
to the situation in which the court has granted the
parents a divorce. The General Assembly may wish to
expand these visitation rights to include situations
in which the parents never participated in a marriage
ceremony or the marriage of the parents has been
annulled. The Commission notes that the provisions of
Title 1 of this article that set forth the
jurisdiction of an equity court include a general
provision for the court to grant visitation rights.
The Commission is not sure whether these general
visitation rights may be broad enough to include the
visitation rights of grandparents that are not
included in this section.

9-102. PETITION BY CHILD TO CHANGE CUSTODY.