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§ 9.5-201. Initial child-custody jurisdiction

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act (Refs & Annos)
Subtitle 2. Jurisdiction (Refs & Annos)
MD Code, Family Law, § 9.5-201
§ 9.5-201. Initial child-custody jurisdiction
Grounds for jurisdiction
(a) Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State has jurisdiction to make an initial child custody determination only if:
(1) this State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;
(2) a court of another state does not have jurisdiction under item (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under § 9.5-207 or § 9.5-208 of this subtitle, and:
(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and
(ii) substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships;
(3) all courts having jurisdiction under item (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under § 9.5-207 or § 9.5-208 of this subtitle; or
(4) no court of any other state would have jurisdiction under the criteria specified in item (1), (2), or (3) of this subsection.
Exclusive jurisdictional basis
(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this State.
Effect of physical presence
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

Credits

Added by Acts 2004, c. 502, § 2, eff. Oct. 1, 2004.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2004 Legislation
Acts 2004, c. 502, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
Acts 2004, c. 502, § 4, provides:
“SECTION 4. AND BE IT FURTHER ENACTED, That this Act applies only to cases filed to establish or modify child custody or motions or other requests for relief filed in child custody cases on or after the effective date of this Act.”
Uniform Law
This section is based upon § 201 of the Uniform Child Custody Jurisdiction and Enforcement Act. See Vol. 9, Pt. IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
Derivation:
Former Art. 16, § 186, added by Acts 1975, c. 265, § 2, related to jurisdiction, repealed by Acts 1984, c. 296, § 1, eff. Oct. 1, 1984.
Family Law § 9-204, added by Acts 1984, c. 296, § 2, amended by Acts 2002, c. 19, § 1, related to jurisdiction, repealed by Acts 2004, c. 502, § 1, eff. Oct. 1, 2004.
MD Code, Family Law, § 9.5-201, MD FAMILY § 9.5-201
Current through all legislation from the 2019 Regular Session of the General Assembly.
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