# Family Law (GFL)

## Title 9. Child Custody and Visitation

### Subtitle 3. Removal of Child From State; Child Abduction

#### Section 9-301

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Lawful custodian" means a person who is authorized to have custody of and exercise control over a child who is under the age of 16 years.

  (2) "Lawful custodian" includes a person who is authorized to have custody by an order of a court of competent jurisdiction in this State or any other state.

(c) "Relative" means:

  (1) a parent;

  (2) a grandparent or other ancestor;

  (3) a brother;

  (4) a sister;

  (5) an aunt;

  (6) an uncle; or

  (7) an individual who was a lawful custodian before the commission of an act that violates Sec. 9-304 or Sec. 9-305 of this subtitle.

#### Section 9-302

(a) An equity court has jurisdiction over custody and visitation of a child who is removed from this State by a parent of the child, if:

  (1) the parents are separated or divorced and this State was:

    (i) the marital domicile of the parents; or

    (ii) the domicile in which the marriage contract was last performed;

  (2) 1 of the parents was a resident of this State when the child was removed and that parent continues to reside in this State; and

  (3) the court obtains personal jurisdiction over the parent who removes the child.

(b) This section does not affect any other basis of an equity court's jurisdiction over custody and visitation of a child.

#### Section 9-303

(a) This section applies if there is a conflict between a custody order of a court of this State and a custody order of a court of another state.

(b) Except as provided in subsection (c) of this section, a custody order of a court of this State prevails over a custody order of a court of another state.

(c) A custody order of a court of another state prevails over a custody order of a court of this State if the court in the other state passed its custody order:

  (1) after the custody order was passed by a court of this State; and

  (2) in proceedings in which the lawful custodian under the custody order of a court of this State:

    (i) consented to the custody order passed by the court of the other state; or

    (ii) participated personally as a party.

#### Section 9-304

If a child is under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not, with the intent to deprive the lawful custodian of the custody of the child:

(1) abduct, take, or carry away the child from the lawful custodian to a place within this State;

(2) having acquired lawful possession of the child, detain the child within this State for more than 48 hours after the lawful custodian demands that the child be returned;

(3) harbor or hide the child within this State, knowing that possession of the child was obtained by another relative in violation of this section; or

(4) act as an accessory to an act prohibited by this section.

#### Section 9-305

(a) If a child is under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not, with the intent to deprive the lawful custodian of the custody of the child:

  (1) abduct, take, or carry away the child from the lawful custodian to a place in another state;

  (2) having acquired lawful possession of the child, detain the child in another state for more than 48 hours after the lawful custodian demands that the child be returned;

  (3) harbor or hide the child in another state knowing that possession of the child was obtained by another relative in violation of this section; or

  (4) act as an accessory to an act prohibited by this section.

(b) If a child is under the age of 16 years, a relative who knows that another person is the lawful custodian of the child may not, with the intent to deprive the lawful custodian of the custody of the child:

  (1) abduct, take, or carry away the child from the lawful custodian to a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico;

  (2) having acquired lawful possession of the child, detain the child in a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico for more than 48 hours after the lawful custodian demands that the child be returned;

  (3) harbor or hide the child in a place that is outside of the United States or a territory of the United States or the District of Columbia or the Commonwealth of Puerto Rico knowing that possession of the child was obtained by another relative in violation of this section; or

  (4) act as an accessory to an act prohibited by this section.

#### Section 9-306

(a) If an individual violates the provisions of Sec. 9-304 or Sec. 9-305 of this subtitle, the individual may file in an equity court a petition that:

  (1) states that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child; and

  (2) seeks to revise, amend, or clarify the custody order.

(b) If a petition is filed as provided in subsection (a) of this section within 96 hours of the act, a finding by the court that, at the time the act was done, a failure to do the act would have resulted in a clear and present danger to the health, safety, or welfare of the child is a complete defense to any action brought for a violation of Sec. 9-304 or Sec. 9-305 of this subtitle.

#### Section 9-307

(a) A person who violates any provision of Sec. 9-304 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250 or imprisonment not exceeding 30 days.

(b) If the child is out of the custody of the lawful custodian for not more than 30 days, a person who violates any provision of Sec. 9-305(a) of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.

(c) If the child is out of the custody of the lawful custodian for more than 30 days, a person who violates any provision of Sec. 9-305(a) of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years, or both.

(d) A person who violates any provision of Sec. 9-305(b) of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.

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Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)