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SB 1004

Trailer franchise requirements; applicability to certain trailers.

2025 Regular Session Introduced by Jennifer Boysko

The bill clarifies when Maryland courts may or must grant grandparent visitation, setting stricter best-interest and interference standards and prioritizing prior grandparent–child

Acts of Assembly Chapter text (CHAP0579)
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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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