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SB 1004

An Act to provide appropriations from the General Fund for the expenses of certain agencies of the Executive Department for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2025.

2025-2026 Regular Session Introduced by Scott Martin

The bill clarifies when grandparents may be granted visitation, requiring best interests and a preponderance burden to prove interference, with clearer “may” and “shall” scenarios.

Referred to Appropriations
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Bill Summary · SB 1004

SB 1004 — Family Law: Grandparent Visitation (Maryland)

Status: First Reading (Senate Rules) — Introduced Feb 1, 2025
Primary sponsor: Senator Benson
Companion bill: HB 721
Effective date if enacted: October 1, 2025

Purpose / Intent

The bill revises Maryland’s grandparent-visitation statute (Family Law §9‑102) to clarify when an equity court may or must grant visitation to a child’s grandparent. It narrows and specifies procedural and substantive criteria, adds a presumption‑protecting standard for parental relationship interference claims, and requires courts to consider prior personal contact between the grandparent and child.

Key provisions

  • Rewrites and reorganizes §9‑102 to establish clear “may grant” and “shall grant” scenarios.
  • Discretionary grant (court may grant) — applicable when:
    • The grandparent’s petition is filed after a parent has initiated divorce, annulment, custody, or paternity proceedings; and
    • The court finds (1) granting visitation is in the best interests of the child, and (2) granting visitation would not interfere with the parent–child relationship.
    • In making the best‑interest determination the court must consider the amount of personal contact between the grandparent and child before the petition was filed.
  • Mandatory grant (court shall grant) — applicable when:
    • Either (a) the child resided with the grandparent for at least 12 months, or (b) the child’s parent who is the grandparent’s child is deceased; and
    • The court finds (1) granting visitation is in the child’s best interests, and (2) granting visitation would not interfere with the parent–child relationship.
  • Burden/standard regarding alleged interference:
    • A court may not deny visitation based on allegations that it would interfere with the parent–child relationship unless, after a hearing, the court determines by a preponderance of the evidence that such interference would occur. In other words, the party asserting likely interference must prove it more likely than not.

Who is affected

  • Grandparents seeking court‑ordered visitation with a grandchild (especially when petitions follow parent divorce/ paternity/custody actions, when the child lived with the grandparent ≥12 months, or when a parent is deceased).
  • Parents and custodial caregivers (their rights are protected by a statutory requirement that courts not deny visitation on mere allegation of interference without evidence meeting the preponderance standard).
  • Equity courts that adjudicate family matters will apply the revised criteria and evidentiary standard.
  • Children who may gain (or be denied) additional court‑ordered contact with grandparents.

Procedural / timeline notes

  • Introduced Feb 1, 2025; assigned to Senate Rules. Companion/related legislation includes HB 721.
  • If enacted, the bill takes effect October 1, 2025.

Potential impact and considerations

  • Lowers procedural barriers for grandparents in specific circumstances (residency with grandparent for ≥12 months; deceased parent), while retaining the child’s best‑interest test.
  • Shifts evidentiary burden onto the party opposing visitation when alleging parent–child interference, potentially reducing denials based on unsubstantiated claims.
  • Could increase petitions for grandparent visitation following divorce/custody/paternity filings; may also increase hearings to resolve interference claims by preponderance.
  • Leaves core parental‑rights protections intact by requiring courts to find no interference and to apply best‑interest factors before granting visitation.

Compiled from official sources — confirm details with the bill’s official record.

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