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Legal Statutes: Maryland

UPDATED April 19, 2017

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Subtitle 3. Removal of Child from State; Child Abduction

back to top§ 9-303. Conflict as to lawful custodian

Scope of section

(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.


Order of court of this State prevails

(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.


Exception

(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.
Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984.