Text of MD SB 600 (2010)

Family Law - De Facto Parents

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As introduced

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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0600* SENATE BILL 600 D4 0lr2752 CF 0lr1197 By: Senators Raskin, Forehand, Madaleno, Pinsky, and Pugh Introduced and read first time: February 5, 2010 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning 1 Family Law – De Facto Parents 2 FOR the purpose of requiring a court to determine that an individual is a de facto 3 parent under certain circumstances; establishing that an individual who is 4 judicially determined to be a de facto parent has the duties and obligations of a 5 parent; and generally relating to de facto parents. 6 BY adding to 7 Article – Family Law 8 Section 5–207 9 Annotated Code of Maryland 10 (2006 Replacement Volume and 2009 Supplement) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 12 MARYLAND, That the Laws of Maryland read as follows: 13 Article – Family Law 14 5–207. 15 (A) THIS SECTION GOVERNS THE JUDICIAL DETERMINATION OF DE 16 FACTO PARENTAGE. 17 (B) A COURT SHALL DETERMINE THAT AN INDIVIDUAL IS A DE FACTO 18 PARENT IF: 19 (1) THE INDIVIDUAL REQUESTS JUDICIAL DETERMINATION OF DE 20 FACTO PARENTAGE; AND 21 2 SENATE BILL 600 (2) THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE 1 THAT: 2 (I) EACH PARENT OF THE MINOR CHILD CONSENTED TO, 3 SUPPORTED, AND FOSTERED THE ESTABLISHMENT OF A PARENT–LIKE 4 RELATIONSHIP BETWEEN THE MINOR CHILD AND THE INDIVIDUAL; 5 (II) THE INDIVIDUAL HAS EXERCISED PARENT–LIKE 6 RESPONSIBILITY FOR THE MINOR CHILD; AND 7 (III) THE INDIVIDUAL HAS ACTED IN A PARENT–LIKE ROLE 8 FOR A LENGTH OF TIME SUFFICIENT TO HAVE ESTABLISHED A BONDED AND 9 DEPENDENT RELATIONSHIP WITH THE MINOR CHILD THAT IS PARENTAL IN 10 NATURE. 11 (C) AN INDIVIDUAL WHO IS JUDICIALLY DETERMINED TO BE A DE 12 FACTO PARENT UNDER THIS SECTION SHALL HAVE ALL THE DUTIES AND 13 OBLIGATIONS OF A PARENT DESCRIBED IN § 5–203(B) OF THIS SUBTITLE. 14 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 October 1, 2010. 16