Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

“Non-Parental” Parents in Maryland

| |

Understanding Non-Parental and Third-Party Custody Rights in Maryland

In Maryland, “Non-Parental” or “Third-Party” custody refers to situations where individuals other than the biological parents are granted custodial rights over a child. This typically arises when the biological parents are incapable or unwilling to fulfill their parental responsibilities.

close up of man on porch

The landmark 2016 Maryland Court of Appeals case significantly impacted non-parental custody rights and set a precedent for future custody cases involving third parties. The court ruled in favor of non-biological parents, recognizing “de facto” parents who have assumed a parental role without a formal legal relationship. This ruling broadened the scope of “non-parental” custody and prioritized the child’s well-being over traditional notions of parenthood. It affirmed that custody could be granted to individuals other than the biological parents if it was in the child’s best interest. This case has significant implications for non-traditional families and offers hope and legal recognition to non-parents playing vital roles in children’s lives.

Maryland recognizes and protects the parental rights of non-biological parents through the landmark 2016 Court of Appeals case. This case established that “de facto” parents who have assumed a parental role without a formal legal relationship are entitled to custody rights. The court prioritized the child’s well-being over traditional notions of parenthood and affirmed that custody can be granted to individuals other than the biological parents if it is in the child’s best interest. This ruling offers hope and legal recognition to non-parents playing vital roles in children’s lives.

De Facto Parents and Their Rights in Maryland

A de facto parent is a third-party individual who, while not a biological or adoptive parent, has formed a parent-like relationship with a child. In Maryland, as influenced by the 2016 ruling, de facto parents have the right to challenge custody or visitation rights without demonstrating parental unfitness or exceptional circumstances. This is a significant departure from the previous requirement that necessitated third parties to show that the biological parents were unfit or that extraordinary circumstances warranted disrupting their parental rights. The legal recognition of de facto parents thus widens the scope of potential custodial arrangements in the best interest of the child, ensuring that the child’s welfare is paramount over traditional definitions of parenthood.

The four-part de facto parent test was established in the Conover v. Conover case, providing a clear framework for identifying de facto parents:

  1. The legal parent consented to and fostered the establishment of a parent-like relationship – The biological or adoptive parent must have knowingly and willingly allowed the third-party individual to form a close relationship with the child. This includes letting the individual act in a parental capacity.
  2. The third-party lived with the child – The individual must have resided with the child, sharing a domestic life. This does not necessarily mean that the individual and the child must have had their own separate residence; they might have shared a home with the legal parent(s).
  3. The third-party assumed obligations of parenthood without expectation of financial compensation – The individual must have taken on parental responsibilities, such as caring for the child and providing emotional support, without expecting to be paid for their efforts. They must have acted out of genuine affection and concern for the child’s well-being.
  4. The third-party has been in a parental role for a length of time sufficient to have established a bonded, dependent relationship with the child – There must be evidence of a substantial, enduring relationship between the individual and the child, such that the child has come to rely on the individual for care and support.

De facto parent status significantly differs from pure third-party status in several ways. Primarily, while a third-party can be anyone interacting with the child (e.g., a family friend, relative, or neighbor), a de facto parent is someone who has assumed the full spectrum of parental responsibilities and formed a strong, enduring bond with the child, often in the absence or with the consent of the legal parents. This inherent difference has profound legal implications.

A third-party, even if significantly involved in the child’s life, does not usually have standing to seek custody or visitation rights. In contrast, a de facto parent, recognized for their parental role by the court, can assert these rights. This recognition protects the established relationship between the de facto parent and the child, ensuring the child’s emotional and psychological security. Thus, de facto parent status serves the best interests of the child, a principle paramount in family law..

The Impact of the 2016 Maryland Court of Appeals Decision

In 2016, the Maryland Court of Appeals delivered a landmark decision that significantly expanded the rights of de facto parents. The case, Conover v. Conover, involved a same-sex couple where one partner sought visitation rights for a child conceived through artificial insemination during their union. The court recognized the non-biological partner as a de facto parent, granting her legal standing to pursue visitation rights. This ruling was a turning point because it acknowledged that parental roles and familial bonds can extend beyond biological or adoptive ties. The decision served as a strong affirmation of the “best interests of the child” principle, recognizing that protection of the emotional and psychological well-being of a child can necessitate upholding the rights of de facto parents. It redefined the landscape of family law in Maryland, setting a precedent for acknowledging de facto parents and expanding their ability to assert custody and visitation rights.

The landmark decision in the Conover v. Conover case has painted a broader picture of who can be considered as de facto parents. This includes individuals who, despite not being biologically or legally tied to a child, have taken on the responsibilities and privileges of parenthood. For instance, partners in same-sex relationships who undergo artificial insemination can be recognized as de facto parents, as seen in the Conover case. Similarly, individuals who adopt children from countries where joint adoption is not permitted can also qualify. In these situations, it is common for one partner to legally adopt the child, while the other assumes a parental role and creates a strong emotional bond with the child. This scenario, too, falls under the umbrella of de facto parenthood, with the second partner often deemed a de facto parent by courts, thereby acknowledging the real-world complexity of modern family structures.

Despite the landmark Conover ruling in Maryland, certain disparities persist in the recognition of parental rights. For example, Maryland law currently allows both members of a female same-sex couple to be named on a birth certificate if artificial insemination is used, recognizing both women as legal parents. However, the same rights are not universally extended to male same-sex couples. This is a contentious issue that highlights the ongoing need for legal advancements to fully embrace the diversity of modern family structures. The differential treatment of female and male same-sex couples illuminates how parenthood laws in Maryland – and beyond – are still evolving, and underscores the importance of continued advocacy and legal reform to ensure equal parental rights for all.

Third-Party Child Custody in Maryland

Third-party child custody refers to scenarios where an individual other than a biological or adoptive parent seeks to be recognized as having legitimate custodial rights over a child. This could include grandparents, step-parents, or other family members, and is often relevant in cases of divorce, death of a parent, or situations where parents are deemed unfit or unable to care for their child adequately.

The 2016 Conover v. Conover decision in Maryland expanded the definition of ‘parent’ to include de facto parents, allowing them to contest custody or visitation rights. This landmark ruling prioritized the best interest of the child and recognized the significant role played by individuals without a biological or legal connection to the child. It brought greater inclusivity and equity to defining parenthood and custodial rights in Maryland’s family laws.

Despite progress in Maryland’s family laws, third parties still face legal hurdles in asserting custody or visitation rights; the high threshold of evidence required to establish oneself as a de facto parent and the need to prove consent and foster the relationship by the legal parent pose challenges. Court decisions are based on the child’s best interest, leading to unpredictable outcomes. Obtaining third-party custody or visitation rights in Maryland is complex and challenging.

Rights and Limitations of De Facto Parents

A de facto parent is an individual who, although not a biological or adoptive parent, has assumed the role of a parent in a child’s life, intensively participating in their upbringing and providing for their physical and emotional needs. In Maryland, as established by the Conover v. Conover decision, de facto parents have legal standing to contest custody or visitation rights, which was a considerable stride towards acknowledging non-traditional families and relationships.

However, the rights of de facto parents are not absolute. They will need to demonstrate a substantial, sustained, and sincere commitment to the child’s welfare, substantiated by a high threshold of evidence. This includes proving that the legal parent consented to and fostered the relationship between the child and the de facto parent, and that the de facto parent has been involved in the child’s life in a parental capacity.

Even after establishing de facto parent status, all custody and visitation decisions remain guided by the principle of the child’s best interest. Therefore, the rights of de facto parents, while recognized, are contingent on the unique circumstances of each case.

Support Establishing De Facto Parent Status

In Maryland, non-parental and third-party custody rights have been revolutionized by the 2016 Conover v. Conover decision allowing them to contest custody or visitation rights—this ruling prioritized the child’s best interests over the biological or legal connection. Despite this progress, individuals seeking third-party custody still face significant legal obstacles, including the high burden of proof required to establish de facto parent status and the necessity of demonstrating consent and fostering by the legal parent. The complexity and unpredictability of these cases highlight the crucial role of professional legal guidance in navigating Maryland’s family law landscape.

Each situation is unique, with nuanced legal aspects that can profoundly impact your case outcome. A dedicated family law attorney, like those at Petrelli Previtera, LLC, can guide you through the legal procedures, provide tailored advice, and fiercely advocate for your rights. If you face non-parental or third-party custody issues, don’t navigate alone.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395