2096

LAWS OF MARYLAND

Ch. 296

Defined terms: "Contestant" § 9-201

"Custody determination" § 9-201

"Decree" § 9-201 "Home state" § 9-201

"Initial decree" § 9-201

"Modification decree" § 9-201

"Person acting as parent" § 9-201

"State" § 1-101

9-205. NOTICE AND OPPORTUNITY TO BE HEARD.

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.

REVISOR'S NOTE: This section formerly appeared as Article
16, § 187.

No changes are made.

Defined terms: "Contestant" § 9-201
"Decree" § 9-201 "Physical custody" § 9-201

9-206. PROCEEDING PENDING IN ANOTHER STATE.

(A)  WHEN OTHER STATE MORE APPROPRIATE.

EXCEPT WHERE THE CHILD HAS BEEN ABANDONED OR IT IS NECESSARY
IN AN EMERGENCY TO PROTECT THE CHILD BECAUSE THE CHILD 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)  INQUIRY BEFORE HEARING AS TO PROCEEDING IN OTHER STATE.

BEFORE HEARING THE PETITION IN A CUSTODY PROCEEDING, THE
COURT SHALL EXAMINE THE PLEADINGS AND OTHER INFORMATION SUPPLIED
BY THE PARTIES UNDER § 9-209 OF THIS SUBTITLE AND SHALL CONSULT
THE CHILD CUSTODY REGISTRY ESTABLISHED UNDER § 9-216 OF THIS
SUBTITLE 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 OTHER APPROPRIATE
OFFICIAL OF THE OTHER STATE.

(C)  STAY DURING PROCEEDING.