Custody and visitation matters involving grandparents or other non-parents require a thoughtful and sensitive approach. These situations can be intricate, often requiring a delicate balance between the child’s welfare and the legal rights of those involved.
At The Bishop Law Group, we are committed to understanding and addressing the distinctive challenges of these cases. Our team provides personalized, compassionate guidance, working to preserve important relationships while navigating the legal system with confidence and care.
If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Grandparents and non-parents often play a significant role in a child’s life, providing support, love, and guidance. However, maintaining these relationships can become challenging when parents separate or divorce.
This article outlines key information regarding custody and visitation rights for grandparents, stepparents, and other non-parents.
Grandparent Visitation Rights
Grandparents can petition the court for custody or visitation rights, especially in situations where one or both parents are unable to care for their child due to incarceration, substance abuse, or death.
However, grandparents are typically treated as third parties under Maryland law unless they can establish that they are a de facto parent.
What Is a De Facto Parent?
A de facto parent is someone the court recognizes as having taken on a parental role, even if they are not biologically related to the child. De facto parents have the legal right to seek custody or visitation.
Establishing De Facto Parent Status
Maryland courts use a four-factor test to determine de facto parent status. To be recognized as a de facto parent, you must prove:
- The biological or adoptive parents consented to and encouraged your parent-like relationship with the child.
- You and the child lived together in the same household.
- You assumed parental responsibilities, including care, education, and financial support, without expecting payment.
- You fulfilled a parental role long enough to establish a strong, dependent bond with the child.
Challenges for Grandparents Without De Facto Status
If a grandparent cannot establish de facto parent status, it is unlikely they will be awarded visitation, particularly if the child’s biological or adoptive parents object. Grandparents may need to prove:
- Their involvement is critical to the child’s well-being
- The parents are failing to meet the child’s basic needs for nutrition, housing, medical care, or education
- Evidence of abuse or neglect, such as poor school attendance, lack of cleanliness, physical abuse, or emotional trauma
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When Can Grandparents Seek Custody?
Grandparents may seek custody of their grandchild under circumstances where the child’s safety or well-being is at risk. Common reasons include:
- The grandchild faces potential harm if they remain in the parental home.
- The child spends significant time away from their birth parents.
- A parent whose parental rights were revoked has failed to address the issues that led to the revocation.
- Biological parents have been absent from the child’s life for an extended period.
- The parents struggle with addiction, mental health issues, or similar challenges.
- The child would suffer physical, emotional, or mental harm if custody remains with the parents.
- The grandparent-child relationship is negatively affected by the current custody arrangement.
Understanding Third Parties
In custody and visitation cases, third parties include anyone who is not a biological parent or de facto parent. This often encompasses grandparents, other family members, and close family friends.
Legal Barriers for Third Parties
Maryland law does not grant third parties the automatic right to seek custody or visitation. Third parties must demonstrate:
- Parental Unfitness: The parents are unable to care for the child adequately.
- Exceptional Circumstances: The child would experience significant harm without third-party involvement.
Parental Unfitness
To prove a parent is unfit, the court may evaluate:
- Whether the parent has neglected the child or shown indifference to their well-being
- Abandonment of the child
- Evidence of physical, sexual, or emotional abuse inflicted by the parent or another individual under their supervision
- Emotional or mental health conditions that prevent the parent from caring for the child
- Behavior that is detrimental to the child’s welfare
Exceptional Circumstances
When determining exceptional circumstances, the court considers factors such as:
- The length of time the child has been separated from the biological parent
- The child’s age when the third party assumed a caregiving role
- The emotional impact of a change in custody
- The delay between the parent’s separation from the child and their effort to reclaim custody
- The bond and relationship between the child and the third-party caregiver
- The biological parent’s genuine intent and effort to care for the child
- The stability the child would have in the biological parent’s custody
The court requires third parties to present substantial evidence of harm to the child if visitation or custody is not granted.
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Visitation Rights for Stepparents
Maryland law generally does not grant visitation rights to stepparents who have not adopted the child or been declared their legal guardian. After a divorce, stepparents are typically classified as third parties, making it difficult to secure visitation.
Stepparents as De Facto Parents
If a stepparent can establish de facto parent status, they may petition for custody or visitation without needing to prove exceptional circumstances or parental unfitness.
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The Role of the Court
In all visitation and custody cases, the court prioritizes the best interests of the child. While the custodial parent’s preferences are typically respected, third parties must meet a higher threshold to overcome this presumption.
Contact a Baltimore Family Law Attorney Today
If you or someone you know needs non-parent visitation or just wants to know more about it, The Bishop Law Group can provide guidance throughout the process.
Contact us to schedule a consultation.
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