§ 9-107. Relevancy of disability in custody or visitation proceeding

   (a) "Disability" defined. --

   (1) In this section, "disability" means:

      (i) a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy;

      (ii) a mental impairment or deficiency;

      (iii) a record of having a physical or mental impairment as defined under this subsection; or

      (iv) being regarded as having a physical or mental impairment as defined under this subsection.

   (2) "Disability" includes:

      (i) any degree of paralysis or amputation;

      (ii) blindness or visual impairment;

      (iii) deafness or hearing impairment;

      (iv) muteness or speech impediment;

      (v) physical reliance on a service animal or a wheelchair or other remedial appliance or device; and

      (vi) intellectual disability, as defined in § 7-101 of the Health - General Article, and any other mental impairment or deficiency that may have necessitated remedial or special education and related services.

(b) Extent. -- In any custody or visitation proceeding, a disability of a party is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child.

HISTORY: 2009, chs. 567, 568.