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Session Laws, 1984
Volume 759, Page 2093   View pdf image
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HARRY HUGHES, Governor                                        2093

REVISOR'S NOTE: This subsection formerly appeared as
Article 16, § 185(8).

No changes are made.

(J) PERSON ACTING AS PARENT.

"PERSON ACTING AS PARENT" MEANS A PERSON, OTHER THAN A
PARENT, WHO HAS PHYSICAL CUSTODY OF A CHILD AND WHO HAS EITHER
BEEN AWARDED CUSTODY BY A COURT OR CLAIMS A RIGHT TO CUSTODY.''

REVISOR'S NOTE: This subsection formerly appeared as
Article 16, § 185(9).

No changes are made.

Defined term: "Physical custody" § 9-201

REVISOR'S NOTE TO SECTION: Former Article 16, § 185(10),
which defined "state", is deleted as unnecessary in
light of the definition of "state" in § 1-101 of this
article.

9-202. PURPOSE AND CONSTRUCTION OF SUBTITLE.

(A) GENERAL PURPOSES.

THE GENERAL PURPOSES OF THIS SUBTITLE ARE TO:

(1)  AVOID JURISDICTIONAL COMPETITION AND CONFLICT
WITH COURTS OF OTHER STATES IN MATTERS OF CHILD CUSTODY WHICH
HAVE IN THE PAST RESULTED IN THE SHIFTING OF CHILDREN FROM STATE
TO STATE WITH HARMFUL EFFECTS ON THEIR WELL-BEING;

(2)  PROMOTE COOPERATION WITH THE COURTS OF OTHER
STATES TO THE END THAT A CUSTODY DECREE IS RENDERED IN THAT STATE
WHICH CAN BEST DECIDE THE CASE IN THE INTEREST OF THE CHILD;

(3)  ASSURE THAT LITIGATION CONCERNING THE CUSTODY OF
A CHILD TAKES PLACE ORDINARILY IN THE STATE WITH WHICH THE CHILD
AND THE CHILD'S FAMILY HAVE THE CLOSEST CONNECTION AND WHERE
SIGNIFICANT EVIDENCE CONCERNING THE CHILD'S CARE, PROTECTION,
TRAINING, AND PERSONAL RELATIONSHIPS IS MOST READILY AVAILABLE,
AND THAT COURTS OF THIS STATE DECLINE THE EXERCISE OF
JURISDICTION WHEN THE CHILD AND THE CHILD'S FAMILY HAVE A CLOSER
CONNECTION WITH ANOTHER STATE;

(4)  DISCOURAGE CONTINUING CONTROVERSIES OVER CHILD
CUSTODY IN THE INTEREST OF GREATER STABILITY OF HOME ENVIRONMENT
AND OF SECURE FAMILY RELATIONSHIPS FOR' THE CHILD;

(5)  DETER ABDUCTIONS AND OTHER UNILATERAL REMOVALS OF
CHILDREN UNDERTAKEN TO OBTAIN CUSTODY AWARDS;

 

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Session Laws, 1984
Volume 759, Page 2093   View pdf image
 Jump to  
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