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

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

(a) (1)  "Disability" defined.- 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. 
 

[2009, chs. 567, 568.]