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Session Laws, 2004
Volume 801, Page 2357   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 502

STANDARDS OF § 9.5-107 OF THIS TITLE SHALL BE GIVEN TO ALL PERSONS ENTITLED
TO NOTICE UNDER THE LAW OF THIS STATE AS IN CHILD CUSTODY PROCEEDINGS
BETWEEN RESIDENTS OF THIS STATE, ANY PARENT WHOSE PARENTAL RIGHTS HAVE
NOT BEEN PREVIOUSLY TERMINATED, AND ANY PERSON HAVING PHYSICAL
CUSTODY OF THE CHILD.

(B)     THIS TITLE DOES NOT GOVERN THE ENFORCEABILITY OF A CHILD
CUSTODY DETERMINATION MADE WITHOUT NOTICE OR AN OPPORTUNITY TO BE
HEARD.

(C)     THE OBLIGATION TO JOIN A PARTY AND THE RIGHT TO INTERVENE AS A
PARTY IN A CHILD CUSTODY PROCEEDING UNDER THIS TITLE ARE GOVERNED BY
THE LAW OF THIS STATE AS IN CHILD CUSTODY PROCEEDINGS BETWEEN RESIDENTS
OF THIS STATE.

9.5-206.

(A)     EXCEPT AS OTHERWISE PROVIDED IN § 9.5-204 OF THIS SUBTITLE, A
COURT OF THIS STATE MAY NOT EXERCISE ITS JURISDICTION UNDER THIS SUBTITLE
IF, AT THE TIME OF THE COMMENCEMENT OF THE PROCEEDING, A PROCEEDING
CONCERNING THE CUSTODY OF THE CHILD HAS BEEN COMMENCED IN A COURT OF
ANOTHER STATE HAVING JURISDICTION SUBSTANTIALLY IN CONFORMITY WITH
THIS TITLE, UNLESS THE PROCEEDING HAS BEEN TERMINATED OR IS STAYED BY
THE COURT OF THE OTHER STATE BECAUSE A COURT OF THIS STATE IS A MORE
CONVENIENT FORUM UNDER § 9.5-207 OF THIS SUBTITLE.

(B)     (1) EXCEPT AS OTHERWISE PROVIDED IN § 9.5-204 OF THIS SUBTITLE, A
COURT OF THIS STATE, BEFORE HEARING A CHILD CUSTODY PROCEEDING, SHALL
EXAMINE THE COURT DOCUMENTS AND OTHER INFORMATION SUPPLIED BY THE
PARTIES UNDER § 9.5-209 OF THIS SUBTITLE.

(2)      IF THE COURT DETERMINES THAT A CHILD CUSTODY PROCEEDING
HAS BEEN COMMENCED IN A COURT IN ANOTHER STATE HAVING JURISDICTION
SUBSTANTIALLY IN ACCORDANCE WITH THIS TITLE, THE COURT OF THIS STATE
SHALL STAY ITS PROCEEDING AND COMMUNICATE WITH THE COURT OF THE OTHER
STATE.

(3)      IF THE COURT OF THE STATE HAVING JURISDICTION
SUBSTANTIALLY IN ACCORDANCE WITH THIS TITLE DOES NOT DETERMINE THAT
THE COURT OF THIS STATE IS A MORE APPROPRIATE FORUM, THE COURT OF THIS
STATE SHALL DISMISS THE PROCEEDING.

(C)     (1) IN A PROCEEDING TO MODIFY A CHILD CUSTODY DETERMINATION, A
COURT OF THIS STATE SHALL DETERMINE WHETHER A PROCEEDING TO ENFORCE
THE DETERMINATION HAS BEEN COMMENCED IN ANOTHER STATE.

(2) IF A PROCEEDING TO ENFORCE A CHILD CUSTODY DETERMINATION
HAS BEEN COMMENCED IN ANOTHER STATE, THE COURT MAY:

(I) STAY THE PROCEEDING FOR MODIFICATION PENDING THE
ENTRY OF AN ORDER OF A COURT OF THE OTHER STATE ENFORCING, STAYING,
DENYING, OR DISMISSING THE PROCEEDING FOR ENFORCEMENT;

- 2357 -

 

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Session Laws, 2004
Volume 801, Page 2357   View pdf image
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