PARRIS N. GLENDENING, Governor                            S.B. 609

(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

9-101.1.

(a)     (1) In this section[,] THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) ["abuse"] "ABUSE" has the meaning stated in § 4-501 of this article.

(3) "JOINT CUSTODY" MEANS;

(I) JOINT LEGAL CUSTODY;

(II) JOINT PHYSICAL CUSTODY; OR

(III) JOINT LEGAL AND PHYSICAL CUSTODY.

(4) "JOINT LEGAL CUSTODY" MEANS AN ARRANGEMENT BY WHICH THE
PARENTS OF A CHILD SHARE THE DECISION MAKING AUTHORITY, RIGHTS, AND
RESPONSIBILITIES RELATING TO THE HEALTH, EDUCATION, AND WELFARE OF THE
CHILD.

(5) "JOINT PHYSICAL CUSTODY" MEANS AN ARRANGEMENT BY WHICH
EACH PARENT OF A CHILD KEEPS THE CHILD OVERNIGHT FOR MORE THAN 35% OF
THE YEAR.

(b)     In a custody or visitation proceeding, the court [may] SHALL consider, as a
factor bearing on the welfare and best interests of the child when deciding custody or
visitation issues, evidence of abuse by a party against:

(1)     the other parent of the party's child;

(2)     the party's spouse; or

(3)     any child residing within the party's household, including a child other
than the child who is the subject of the custody or visitation proceeding.

(C) IF THE COURT FINDS THAT A PARTY HAS COMMITTED ABUSE AGAINST
THE OTHER PARENT OF THE PARTY'S CHILD, THE PARTY'S SPOUSE, OR ANY CHILD
RESIDING WITHIN THE PARTY'S HOUSEHOLD, THE COURT SHALL MAKE
ARRANGEMENTS FOR CUSTODY OR VISITATION THAT BEST PROTECT:

(1) THE CHILD WHO IS THE SUBJECT OF THE PROCEEDING AND; AND

(2) THE VICTIM OF THE ABUSE.

(D) IF THE COURT FINDS THAT A PARTY HAS COMMITTED ABUSE AGAINST
THE OTHER PARENT OF THE PARTY'S CHILD, THE PARTY'S SPOUSE, OR ANY CHILD
RESIDING WITHIN THE PARTY'S HOUSEHOLD, THERE SHALL BE A REBUTTABLE
PRESUMPTION THAT JOINT CUSTODY IS NOT IN THE BEST INTERESTS OF THE CHILD.

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