Child Support - Capacity of Minors to Initiate and Defend an Action
HB0384 would create a specific exception in Maryland family law allowing a minor who is a parent to initiate or defend a child support action. The bill applies to both temporary (pendente lite) and permanent child support proceedings, and it expressly overrides Maryland Rule 2-202 to ensure that minor parents have legal capacity to participate in these cases.
The measure is narrow in scope but important for family law procedure. By adding new Section 12-106 to the Family Law Article, it would change who may appear in child support litigation when the parent seeking or defending support is under 18. The bill does not change the substantive child support standards; rather, it addresses standing and capacity so that minor parents can directly protect their rights and their child’s financial interests in court.
HB0384 would amend the Maryland Family Law Article by adding a new provision that grants minor parents the legal capacity and right to bring or defend child support actions, notwithstanding the general rule governing capacity in Maryland court proceedings. This would affect child support litigation practice by allowing minors to participate as parties without relying solely on a guardian or other representative for those proceedings. The bill would take effect October 1, 2026, if enacted.
Based on the bill text and available context, the bill appears to be framed as a targeted access-to-justice measure for minor parents, with no recorded committee testimony or vote history showing opposition or support in the provided materials. The sponsor list suggests a coalition of delegates backing the proposal, and the absence of recorded controversy in the supplied context indicates generally neutral-to-supportive treatment at introduction and hearing stage.
The main legal issue raised by the bill is its exception to Maryland Rule 2-202, which ordinarily governs the capacity of minors in litigation. Any concern would likely center on whether minors should be allowed to litigate child support matters on their own or whether additional procedural protections are needed to ensure informed participation. No specific opponents, amendments, or committee objections are provided in the available record.