HARRY HUGHES, Governor

2111

In subsection (a)(1) of this section, the reference to
the parents being "separated or divorced" is new
language added for clarity.

See also §§ 1-201 and 9-101 of this article.

9-303. CONFLICT AS TO LAWFUL CUSTODIAN.

(A)  SCOPE OF SECTION.

THIS SECTION APPLIES IF THERE IS A CONFLICT BETWEEN A
CUSTODY ORDER OF A COURT OF THIS STATE AND A CUSTODY ORDER OF A
COURT OF ANOTHER STATE.

(B)  ORDER OF COURT OF THIS STATE PREVAILS.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
CUSTODY ORDER OF A COURT OF THIS STATE PREVAILS OVER A CUSTODY
ORDER OF A COURT OF ANOTHER STATE.

(C)  EXCEPTION.

A CUSTODY ORDER OF A COURT OF ANOTHER STATE PREVAILS OVER A
CUSTODY ORDER OF A COURT OF THIS STATE IF THE COURT IN THE OTHER
STATE PASSED ITS CUSTODY ORDER:

(1)  AFTER THE CUSTODY ORDER WAS PASSED BY A COURT OF
THIS STATE; AND

(2)  IN PROCEEDINGS IN WHICH THE LAWFUL CUSTODIAN
UNDER THE CUSTODY ORDER OF A COURT OF THIS STATE:

(I)  CONSENTED TO THE CUSTODY ORDER PASSED BY
THE COURT OF THE OTHER STATE; OR

(II)  WAS PARTICIPATED PERSONALLY AS A PARTY.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last sentence of
former Article 27, § 2A(a).

In subsection (a) of this section, the word "is" is
substituted for the former phrase "appears to be", for
clarity.

Defined terms: "Lawful custodian" § 9-301
"State" § 1-101

9-304. PROHIBITED ACTS -- IN THIS STATE.

IF A CHILD IS UNDER THE AGE OF 12 YEARS, A RELATIVE WHO
KNOWS THAT ANOTHER PERSON IS THE LAWFUL CUSTODIAN OF THE CHILD
MAY NOT: