The 2025 legislative session was active this year in the Family Law arena.  There are several bills passed that will impact Family Law. All bills were approved by the Governor and will become effective as law on October 1, 2025.  Please note those bills that were introduced but not passed below.

Divorce/Mortgage Loans

SB689 – Financial Institutions – Conventional Home Mortgage Loans – Assumption and Required Disclosures

This bill requires banking institutions, credit unions, and mortgage lenders to include a provision in all “conventional home mortgage loans” that allows any of the existing borrowers to purchase the property interest of other borrowers in the event of a divorce, as specified. The affected financial institutions must disclose the assumption provision in writing to a loan applicant before the completion of the loan application. The bill’s provisions apply retroactively to any conventional home mortgage loan entered into prior to the bill’s effective date.

Marriage

HB241/SB142 – Marriage – Confidential Communication

This bill establishes that a spouse, who is the alleged victim, is competent to disclose confidential communication between spouses occurring during their marriage in a criminal action in which one spouse is charged with a crime against the other spouse. However, a spouse may not be compelled to testify to confidential communication under these circumstances. The bill specifies that under § 9-105 of the Courts and Judicial Proceedings Article, “spouse” includes a former spouse.

HB323/SB286 – Domestic Partnership and Marriage – Required Information

This bill specifies, when registering a domestic partnership or obtaining a marriage license, that the full legal name and date of birth of each party must be provided, in addition to other requirements specified in statute. The bill also requires for each domestic partnership registration filed with the register of wills to include the Social Security number (SSN) of each party who has one. The SSN provided by a party may not be disclosed as part of the public record of the declaration of domestic partnership, except as provided in § 4‐334 of the General Provisions Article.

Child Custody

HB1191/SB548 – Child Custody Determinations Legal Decision Makings – Factors

This bill establishes numerous factors in statute that courts may consider in determining what legal custody and physical custody is in the best interest of a child. The court must articulate its findings of facts on the record or in a written opinion, including the consideration of each factor specified in the bill and any other factor that the court considered. The bill also authorizes a court to modify a child custody or visitation order if the court determines that there has been a material change in circumstances since the issuance of the order, as specified.

Protective Orders

HB929/SB721 – Permanent Protective Orders – Consent

This bill alters statutory provisions that govern the issuance of a permanent protective order by specifying that an individual may consent to the issuance of such an order against the individual.

Child Support

HB261/SB0110 – Estates and Trusts

This bill prioritizes the payment of unpaid child support over certain other claims on an estate of a decedent (deceased person) with insufficient assets to pay all claims in full, placing it after “family allowances” in the order of priority and before “taxes due by the decedent”.

HB275 – Multifamily adjustment

This bill alters the definition of “adjusted actual income” under the child support guidelines by providing for the deduction, from actual income, of an allowance for support for each child living in the parent’s home to whom the parent owes a legal duty of support if the child is considered to be spending more than 92 overnights in the parent’s home in a year but who is not subject to the support order. The bill also alters the factors that the court may consider in determining whether the application of the child support guidelines would be unjust or inappropriate when applied in a particular case.

HB681/SB0015 – Child Support – Driver’s License Suspension for Arrearages and Court Orders

This bill alters the circumstances under which the Child Support Administration may notify the Motor Vehicle Administration of an individual’s child support arrearages for the purpose of suspending the individual’s driver’s license or privilege to drive; and requiring the court, after establishing a child support order, to send a copy of the guideline calculation and the order to the Child Support Administration.

Adoption 

HB243 – Adoption of an Adult

This bill limits the requirement that a petitioner’s spouse join in the petition for adoption to apply only when the prospective adoptee is a minor; authorizing a petitioner’s spouse to join in the petition for adoption if the prospective adoptee is an adult; establishing that certain provisions of law requiring the issuance and service of a show-cause order on a prospective adoptee’s parents do not apply if the prospective adoptee is an adult.

Bills Not Passed

Child Custody

SB521 – Child Custody – Rebuttable Presumption of Joint Custody

This bill attempted to create a rebuttable presumption in an initial child custody proceeding – involving the parents of a child and whether pendente lite or permanent – that an award of joint physical custody for approximately equal periods of time for each parent and joint legal custody is in the best interests of the child. The bill specified factors that may be considered in determining the best interests of the child. If the court determines by a preponderance of the evidence that a joint custody arrangement is not in the best interests of the child, the court may award sole custody to one parent and must enter on the record the factors considered by the court in reaching its decision. Not Passed.

HB152/SB25 – Child Custody Evaluators – Qualifications

This bill specifies certain requirements for an individual to be appointed by a court as a custody evaluator. This bill referred to further study.

HB1165 – Child Custody and Evaluation – Visitation Reevaluations and Remedies

This bill authorizes a parent to petition the court for an emergency hearing to reevaluate a child custody visitation schedule if the other parent fails to comply with a court-ordered visitation schedule without just cause. The bill also establishes related procedures and remedies. Not Passed.

HB721/SB1004 – Grandparent Visitation

This bill attempted to alter the circumstances under which an equity court may grant visitation rights to a grandparent by authorizing the court to do so if (1) the petition for visitation rights was filed after an action for divorce, annulment, custody, or paternity was filed by a parent of the child and (2) the court finds that granting visitation rights to a grandparent is in the best interests of the child and would not interfere with the parent-child relationship. The bill also attempted to require a court to grant visitation rights to a grandparent in specified circumstances and establish other restrictions on denying visitation. Not Passed.

Child Support

SB660 – Child Support Guidelines – Agreement between parents – Presumption that parents’ waiver is in child’s best interest

This bill attempted to establish a presumption that the application of the child support guidelines to an agreement between the parents that depart from the guidelines would be unjust or inappropriate if the parents mutually assert that the agreement is in the best interest of the child. Not Passed.

HB120 – Child Support – Capacity of Minors to File Action

This bill attempted to authorize a minor who is the legal and custodial parent of a child to file an action for child support, whether pendente lite or permanently. Not Passed.

CINA

HB223 – Child Abuse and Neglect Investigations (“Knock Before They Knock”) Family Right to notice

This bill attempted to require a local department of social services or a law enforcement agency to provide oral and written notice of certain rights to a parent or caretaker of a child at the time of initial contact during an investigation of suspected child abuse or neglect; and excluding evidence obtained in violation of the Act from being used in certain judicial or administrative proceedings. Not Passed.

Parental Rights

HB1385/SB948 – Children – Parental Rights – Educational Rights

This bill attempted to require each local board of education, in consultation with parents, teachers, and school personnel, to develop and implement a policy that promotes parental involvement in student education. The bill also establishes procedures for parents to file complaints for violations of this policy and outlines a process for appealing decisions. Not Passed.

Domestic Violence

HB150/SB943 – Family and Law Enforcement Protection Act

This bill attempted to alter and establish provisions relating to the surrender of firearms by a respondent under the domestic violence statutes; creating the Task Force to Study the Use of Firearms in Domestic Violence Situations; and requiring the Task Force to submit a report on its recommendations on or before November 15, 2025. Not passed. 

For additional information regarding this summary, see Legislation – (maryland.gov)