Legal Statutes: Maryland

UPDATED October 2, 2012

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• Code of Maryland (select sections)
  • Courts and Judicial Proceedings
    • Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action
      • Subtitle 15. Peace Orders
        • § 3-1502. Other remedies
        • § 3-1503. Petitions
        • § 3-1503.1. Interim peace orders
        • § 3-1504. Temporary peace orders
        • § 3-1505. Final peace orders
        • § 3-1506. Modifications or rescission of peace order
        • § 3-1508. Failure to comply
  • Criminal Law
    • Title 3. Other Crimes Against the Person
      • Subtitle 3. Sexual Crimes
        • § 3-303. Rape in the first degree
        • § 3-304. Rape in the second degree
        • § 3-305. Sexual offense in the first degree
        • § 3-306. Sexual offense in the second degree
        • § 3-307. Sexual offense in the third degree
        • § 3-308. Sexual offense in the fourth degree
      • Subtitle 8. Stalking and Harassment
        • § 3-802. Stalking
        • § 3-803. Harassment
        • § 3-804. Misuse of telephone facilities and equipment
        • § 3-805. Misuse of electronic mail
      • Subtitle 9. Surveillance and Other Crimes Against Privacy
        • § 3-902. Visual surveillance with prurient intent
    • Title 6. Crimes Against Property
      • Subtitle 3. Malicious Destruction and Related Crimes
        • § 6-301. Malicious destruction--Generally
  • Family Law
    • Title 4. Spouses
      • Subtitle 5. Domestic Violence
        • Part I. Definitions; General Provisions
          • §4-501. Definitions
          • §4-502. Duties of law enforcement officers
          • §4-503. Notice of victim's rights to victim
          • §4-503.1. Report of abuse to Department of State Police and victim
        • Part II. Household Violence
          • §4-504. Petition for relief from abuse
          • § 4-504.1. Interim protective orders
          • § 4-505. Temporary protective orders
          • § 4-506. Final protective orders
          • §4-507. Modification or rescission of protective orders; appeal
          • §4-508. Penalties for violations of orders
          • §4-508.1. Protective orders issued by foreign courts
          • §4-509. Penalties
          • §4-510. Nonpreclusion of remedies
          • §4-511. Removal of firearm
        • Part III. Victims of Domestic Violence
          • §4-513. "Victim of domestic violence" defined
          • §4-514. Policy of General Assembly
          • §4-515. Victims of domestic violence program; creation
          • §4-516. Management of program
    • Title 5. Children
      • Subtitle 2. Parent and Child
        • § 5-203. Natural guardianship; powers and duties of parents; award of custody to parent
      • Subtitle 7. Child Abuse and Neglect
        • § 5-701. Definitions
    • Title 9. Child Custody and Visitation
      • Subtitle 1. In General
        • § 9-101. Rejection of custody or visitation if abuse likely
        • § 9-101.1. Evidence of abuse considered
        • § 9-101.2. Parents guilty of murder
        • § 9-102. Visitation by grandparents
        • § 9-103. Petition by child to change custody
        • § 9-104. Access to records; noncustodial parent
        • § 9-105. Unjustified denial or interference with visitation
        • § 9-106. Notice of intent to relocate
      • Subtitle 3. Removal of Child from State; Child Abduction
        • § 9-301. Definitions
        • § 9-302. Jurisdiction over custody and visitation
        • § 9-303. Conflict as to lawful custodian
        • § 9-304. Acts prohibited in Maryland
        • § 9-305. Acts prohibited outside Maryland
        • § 9-306. Clear and present danger to child
        • § 9-307. Penalties
      • Subtitle 4. Missing Children
        • § 9-401. Definitions
        • § 9-402. Duties of law enforcement agencies
        • § 9-403. State Clearinghouse for Missing Children
    • Title 9.5. Maryland Uniform Child Custody Jurisdiction and Enforcement Act
      • Subtitle 1. General Provisions
        • § 9.5-101. Definitions
        • § 9.5-102. Proceedings governed by other law
        • § 9.5-103. Application to Indian tribes
        • § 9.5-104. International application of title
        • § 9.5-105. Effect of child-custody determination
        • § 9.5-106. Priority
        • § 9.5-107. Notice to persons outside State
        • § 9.5-108. Appearance and limited immunity
        • § 9.5-109. Communication between courts
        • § 9.5-110. Taking testimony in another state
        • § 9.5-111. Cooperation between states; preservation of records
      • Subtitle 2. Jurisdiction
        • § 9.5-201. Initial child-custody jurisdiction
        • § 9.5-202. Exclusive, continuing jurisdiction
        • § 9.5-203. Jurisdiction to modify determination
        • § 9.5-204. Temporary emergency jurisdiction
        • § 9.5-205. Notice; opportunity to be heard; joinder
        • § 9.5-206. Simultaneous proceedings
        • § 9.5-207. Inconvenient forum
        • § 9.5-208. Jurisdiction declined by reason of conduct
        • § 9.5-209. Information to be submitted in court
        • § 9.5-210. Appearance of parties and child
      • Subtitle 3. Enforcement
        • § 9.5-301. Definitions
        • § 9.5-302. Enforcement under Hague Convention
        • § 9.5-303. Duty to enforce
        • § 9.5-304. Temporary visitation
        • § 9.5-305. Registration of child-custody determination
        • § 9.5-306. Enforcement of registered determination
        • § 9.5-307. Simultaneous proceedings
        • § 9.5-308. Expedited enforcement of child-custody determination
        • § 9.5-309. Service of petition and order
        • § 9.5-310. Hearing and order
        • § 9.5-311. Warrant to take physical custody of child
        • § 9.5-312. Costs, fees, and expenses
        • § 9.5-313. Recognition and enforcement
        • § 9.5-314. Appeals
        • § 9.5-315. Role of Attorney General
        • § 9.5-316. Role of law enforcement officers
        • § 9.5-317. Costs and expenses
        • § 9.5-318. Short title
    • Title 12. Child Support
      • Subtitle 2. Child Support Guidelines
        • § 12-201. Definitions
        • § 12-202. Use of child support guidelines
        • § 12-203. Forms; documentation of income
        • § 12-204. Calculation of support
    • Title 14. Adult Protective Services
      • Subtitle 1. Definitions and General Provisions
        • § 14-101. Definitions
  • Public Safety
    • Title 5. Firearms
      • Subtitle 1. Regulated Firearms
        • § 5-101. Definitions
        • § 5-102. Scope of subtitle
        • § 5-133. Restrictions on possession of regulated firearms
  • Article 1 to Article 9
    • Article 1. Rules of Interpretation
      • In General
        • § 24. Age of majority; various terms
  • Circuit Court Fee Schedule
    • Revised schedule of circuit court charges, costs, and fees established under courts, Article § 7-202
  • Maryland Rules
    • Title 9. Family Law Actions
      • Chapter 200. Divorce, Annulment, Alimony, Child Support, and Child Custody
        • Rule 9-205. Mediation of child custody and visitation disputes
    • Title 15. Other Special Proceedings
      • Chapter 200. Contempt
        • Rule 15-206. Constructive civil contempt
    • Title 17. Alternative Dispute Resolution
      • Rule 17-102. Definitions

Subtitle 3. Enforcement

back to top§ 9.5-310. Hearing and order

Physical custody of child

(a) Unless the court issues a temporary emergency order in accordance with § 9.5-204 of this title, on a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) the child custody determination has not been registered and confirmed under § 9.5-305 of this subtitle and that:
(i) the issuing court did not have jurisdiction under Subtitle 2 of this title;
(ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subtitle 2 of this title; or
(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9.5-107 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child custody determination for which enforcement is sought was registered and confirmed under § 9.5-305 of this subtitle but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subtitle 2 of this title.

Fees and expenses

(b) The court shall award the fees, costs, and expenses authorized under § 9.5-312 of this subtitle and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.


Refusal to give testimony

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.


Privileged communication

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subtitle.