Family Law - Equity Courts - Care and Custody of Children (Uniform Nondiscrimination in Treatment and Evidence (UNITE) Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0923*

HOUSE BILL 923
D4 6lr3510

By: Delegate Moreno
Introduced and read first time: February 5, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Family Law – Equity Courts – Care and Custody of Children 2
(Uniform Nondiscrimination in Treatment and Evidence (UNITE) Act) 3

FOR the purpose of stating a certain intent of the General Assembly regarding matters 4
involving the care and custody of children; requiring an equity court to apply the 5
same standards and procedures in a proceeding for custody or guardianship of an 6
immigrant child that are applied in a proceeding for custody or guardianship of a 7
child who is a United States citizen; and generally relating to equity courts and the 8
care and custody of children. 9

BY repealing and reenacting, without amendments, 10
Article – Family Law 11
Section 1–201 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2025 Supplement) 14

BY adding to 15
Article – Family Law 16
Section 1–201.1 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2025 Supplement) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Family Law 22

1–201. 23

(a) For the purposes of subsection (b)(10) of this section, “child” means an 24
unmarried individual under the age of 21 years. 25
2 HOUSE BILL 923

(b) An equity court has jurisdiction over: 1

(1) adoption of a child, except for a child who is under the jurisdiction of 2
any juvenil e court and who previously has been adjudicated to be a child in need of 3
assistance; 4

(2) alimony; 5

(3) annulment of a marriage; 6

(4) divorce; 7

(5) custody or guardianship of a child except for a child who is under the 8
jurisdiction of any juvenile court and who previously has been adjudicated to be a child in 9
need of assistance; 10

(6) visitation of a child; 11

(7) legitimation of a child; 12

(8) paternity; 13

(9) support of a child; 14

(10) custody or guardianship of an immigrant child pursuant to a motion for 15
Special Immigrant Juvenile factual findings requesting a determination that the child was 16
abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) 17
of the federal Immigration and Nationality Act; and 18

(11) a petition for authorization for a minor to marry. 19

(c) In exercising its jurisdiction over the custody, guardianship, visitation, or 20
support of a child, an equity court may: 21

(1) direct who shall have the custody or guardianship of a child, pendente 22
lite or permanently; 23

(2) determine who shall have visitation rights to a child; 24

(3) decide who shall be charged with the support of the child, pendente lite 25
or permanently; 26

(4) from time to time, set aside or modify its decree or order concerning the 27
child; or 28

HOUSE BILL 923 3

(5) issue an injunction to protect a party to the action from physical harm 1
or harassment. 2

(d) This section does not take away or impair the jurisdiction of a juvenile court 3
or a criminal court with respect to the custody, guardianship, visitation, and support of a 4
child. 5

1–201.1. 6

(A) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IN ALL MATTERS 7
INVOLVING THE CARE A ND CUSTODY OF CHILDR EN, EQUITY COURTS SHALL 8
PROTECT AGAINST DISCRIMINATORY PRACTICES, IMPLICIT BIAS, AND PROCEDURAL 9
DISPARITIES THAT COU LD HARM A CHILD ’S STABILITY OR LONG –TERM WELFARE, 10
INCLUDING, FOR IMMIGRANT CHILDR EN, THE ABILITY TO SEE K SPECIAL 11
IMMIGRANT JUVENILE STATUS, AS DESCRIBED IN § 1–201(B) OF THIS SUBTITLE. 12

(B) AN EQUITY COURT SHALL APPLY THE S AME STANDARDS , INCLUDING 13
EVIDENTIARY STANDARDS, AND PROCEDURES, INCLUDING THE USE OF THE SAME 14
DOCUMENTS, IN A PROCEEDING FOR CUSTODY OR GUARDIANSHIP OF AN IMMIGRANT 15
CHILD THAT ARE APPLIED IN A PROCEEDING FOR CUSTODY OR GUARDIANSHIP OF A 16
CHILD WHO IS A UNITED STATES CITIZEN. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19