David A. v. Karen S. (2018) & Attorneys Fees for "De Facto" Parents

In Maryland, if someone acts as a parent to a child and performs the necessary parenting duties, they can be considered a "de facto" parent according to Maryland law. This means, basically, that the person acquires many of the same rights as a natural biological parent or adoptive parent. Under Maryland law, parents have an assortment of rights and privileges which flow from their parental status. For example, parents are given the favor of certain presumptions when it comes to awarding and maintaining custody with their children.

Parents are also able to be awarded attorney’s fees when they litigate issues with other parties. Although de facto parents have many rights under Maryland law, a question remained open for a long time regarding whether de facto parents have the right to receive attorney’s fees. The case of David A. v. Karen S. (2018) seems to have settled that question.

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Factual Outline of the Case

The parents in this case both had drug problems and were declared legally unfit to hold custody. As a consequence, the maternal grandmother stepped in and acted as the child’s parent for approximately one year before parenthood status was litigated in court. The maternal grandmother had effectively acted as the child’s parent, and so she was treated as the “de facto” parent during litigation. The paternal grandparents went to court to try and acquire formal custody rights, and the maternal grandmother asked the court for the same thing. Because the maternal grandmother had acted as the child’s parent for one year, and had acquired the “de facto” parental status as a result, the court ultimately sided with her and granted the maternal grandmother sole legal custody and primary physical custody. In addition, the court granted the maternal grandmother $57,000 in attorney’s fees (to be paid by the paternal grandparents). The paternal grandparents appealed this determination and the case went before the appellate division.

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Outcome & Discussion

The appellate division affirmed the decision of the trial court. In its opinion, the appellate division pointed out that, because the maternal grandmother had acquired de facto parent status, awarding the attorney’s fees was appropriate under Maryland law. The court stated that de facto parents essentially have all the same rights and privileges as natural biological parents and adoptive parents, including the ability to receive attorney’s fees under the appropriate circumstances. In the court’s words, de facto parents have “equal footing” with natural parents or adoptive parents, and this includes receiving fees. This determination in David A. v. Karen S. has quieted the issue regarding the de facto parents and attorney’s fees, unless a future decision comes along and adds another layer to this issue.

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Contact the Murphy Law Firm for More Information

If you want to know more about de facto parents, rules regarding the award of attorney’s fees, or another related matter, get in touch with one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

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