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§ 5-2A-03. Hearing procedures

West's Annotated Code of MarylandFamily LawEffective: October 1, 2022

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 2a. Authorization for a Minor to Marry (Refs & Annos)
Effective: October 1, 2022
MD Code, Family Law, § 5-2A-03
§ 5-2A-03. Hearing procedures
Currentness
Separate interview of petitioner
(a) At the hearing, the court shall conduct an in camera interview of the petitioner separate from the petitioner's parents, guardians, or legal custodians and intended spouse.
Determine if marriage is in best interest of the petitioner
(b)(1) Neither the wishes of the parents, guardians, or legal custodians of the petitioner nor the fact that the petitioner or the intended spouse of the petitioner is pregnant is sufficient evidence to determine that marriage is in the best interest of the petitioner.
(2) There is a rebuttable presumption that marriage is not in the best interests of the petitioner if all the parents, guardians, or legal custodians of the petitioner oppose the petition.
Required findings to issue order granting authorization to marry
(c) Subject to subsection (e) of this section, after a hearing, a court may issue an order granting authorization to marry if the court makes written findings that:
(1) the petitioner is at least 17 years old;
(2) the petitioner seeks to marry voluntarily and free from force, coercion, and fraud; and
(3) the petitioner is mature and capable of self-sufficiency and self-support.
Denial of petition
(d) A court may deny a petition for the authorization to marry if the court makes a written finding that marriage is not in the best interest of the petitioner.
Determinations that require denial of petition
(e) A court may not issue an order granting authorization to marry under this section if the court determines that:
(1) the intended spouse of the petitioner:
(i) at any time has been in a position of authority over the petitioner or in a position of special trust with the petitioner or has had a professional relationship with the petitioner; or
(ii) has been convicted or adjudicated delinquent for:
1. any crime against a minor;
2. a crime of violence under § 14-101 of the Criminal Law Article;
3. a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; or
4. human trafficking under Title 3, Subtitle 11 of the Criminal Law Article;
(2) one party is pregnant or has a child with the other party that evidences that the petitioner was the victim of a sexual crime committed by the intended spouse; or
(3) a protective order or peace order was issued against the intended spouse of the petitioner, regardless of whether the petitioner was the person to be protected.

Credits

Added by Acts 2022, c. 175, § 1, eff. Oct. 1, 2022.
MD Code, Family Law, § 5-2A-03, MD FAMILY § 5-2A-03
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document