Ch. 232

1995 LAWS OF MARYLAND

CHAPTER 232
(House Bill 150)

AN ACT concerning

Child Custody and Visitation - Notification Prior to Relocation of Child

FOR the purpose of permitting a court to include as a condition of a custody or visitation
order a requirement that the custodial either party give certain advance written
notice to the court and the other party of the intent to relocate the permanent
residence of the party or the child; authorizing requiring the court to waive notice
under certain circumstances; requiring notice within a certain time frame;
authorizing the court to prescribe certain requirements for notice; requiring
providing for a certain defense; allowing a court to consider certain violations of the
notice requirement as a factor in certain proceedings; and generally relating to
requiring notification prior to relocation of a party or a child subject to a custody or
visitation order.

BY adding to

Article - Family Law

Section 9-106

Annotated Code of Maryland

(1991 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

9-106.

(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, IN ANY
CUSTODY OR VISITATION PROCEEDING THE COURT MAY INCLUDE AS A CONDITION
OF A CUSTODY OR VISITATION ORDER A REQUIREMENT THAT THE CUSTODIAL
EITHER PARTY PROVIDE ADVANCE WRITTEN NOTICE OF AT LEAST 45 DAYS TO THE
COURT, THE OTHER PARTY, OR BOTH, OF THE INTENT TO RELOCATE THE
PERMANENT RESIDENCE OF THE PARTY OR THE CHILD EITHER WITHIN OR OUTSIDE
THE STATE.

(2)      THE COURT MAY PRESCRIBE THE FORM AND CONTENT OF THE
NOTICE REQUIREMENT.

(3)      IF THE COURT ORDERS THAT NOTICE BE GIVEN TO THE OTHER
PARTY, A MAILING OF THE NOTICE BY REGISTERED OR CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO THE LAST KNOWN ADDRESS OF THE OTHER PARTY SHALL
BE DEEMED SUFFICIENT TO COMPLY WITH THE NOTICE REQUIREMENT.

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