Text of MD HB 1241 (2010)
Family Law - De Facto Parents
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As introduced
2,451 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1241*
HOUSE BILL 1241
D4
0lr1197
CF SB 600
By: Delegates Dumais, Bronrott, Carr, Feldman, Frick, Hixson, Hucker,
Kaiser, Lee, Manno, McIntosh, Mizeur, Montgomery, Rice, and
Rosenberg
Introduced and read first time: February 18, 2010
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning
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Family Law – De Facto Parents
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FOR the purpose of requiring a court to determine that an individual is a de facto
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parent under certain circumstances; establishing that an individual who is
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judicially determined to be a de facto parent has the duties and obligations of a
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parent; and generally relating to de facto parents.
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BY adding to
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Article – Family Law
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Section 5–207
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Annotated Code of Maryland
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(2006 Replacement Volume and 2009 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
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MARYLAND, That the Laws of Maryland read as follows:
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Article – Family Law
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5–207.
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(A)
THIS SECTION GOVERNS THE JUDICIAL DETERMINATION OF DE
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FACTO PARENTAGE.
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(B)
A COURT SHALL DETERMINE THAT AN INDIVIDUAL IS A DE FACTO
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PARENT IF:
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(1)
THE INDIVIDUAL REQUESTS JUDICIAL DETERMINATION OF DE
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FACTO PARENTAGE; AND
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2
HOUSE BILL 1241
(2)
THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE
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THAT:
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(I)
EACH PARENT OF THE MINOR CHILD CONSENTED TO,
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SUPPORTED,
AND
FOSTERED
THE
ESTABLISHMENT
OF
A
PARENT–LIKE
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RELATIONSHIP BETWEEN THE MINOR CHILD AND THE INDIVIDUAL;
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(II)
THE
INDIVIDUAL
HAS
EXERCISED
PARENT–LIKE
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RESPONSIBILITY FOR THE MINOR CHILD; AND
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(III) THE INDIVIDUAL HAS ACTED IN A PARENT–LIKE ROLE
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FOR A LENGTH OF TIME SUFFICIENT TO HAVE ESTABLISHED A BONDED AND
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DEPENDENT RELATIONSHIP WITH THE MINOR CHILD THAT IS PARENTAL IN
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NATURE.
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(C)
AN INDIVIDUAL WHO IS JUDICIALLY DETERMINED TO BE A DE
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FACTO
PARENT
UNDER
THIS
SECTION
SHALL
HAVE
THE
DUTIES
AND
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OBLIGATIONS OF A PARENT DESCRIBED IN § 5–203(B) OF THIS SUBTITLE.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
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October 1, 2010.
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