E.N. v. T.R. (2019) & More about De Facto Parenthood

The concept of “de facto parenthood” is a relatively recent development in family law, but it has a level of importance which is easily equal to that of other more established concepts. Essentially, a de facto parent is a person who doesn’t have a biological connection to the child, but who has conducted himself or herself in a way which indicates a parental relationship. In other words, the person has behaved as a parent to such a degree that the law formally recognizes that person as a legal parent who is co-equal in terms of rights with the natural parents. Needless to say, attaining de facto parent status isn’t easy, as there are several requirements which must be met.

‍

Initially, many of the de facto parent cases in Maryland, and throughout the country, involved homosexual couples in which one of the partners had a biological connection to the child which was being raised by the couple. Maryland, and other jurisdictions, believed that these situations – not just those involving homosexual couples, but others too –needed a route for the biologically unrelated person to attain formal parental rights.

‍

The case of E.N. v. T.R. (2019) provides us with a solid example of when de facto parent status may be attained by a biologically unrelated person. Let’s go over this case in detail.

‍

Facts of the Case

The father and mother in this case had two children together. They lived together and raised the children until the father was imprisoned for drug related offenses. In 2013, the father was released from prison, and he began a relationship with a new woman. The father and the new woman moved in together, and eventually in 2015 the father and the new woman began residing with the children and raising the children together. Then, in 2017, the father went back to prison for new offenses; this time, his sentence was longer, as he was projected to be released in the summer of 2024. In 2018, the woman petitioned the court to recognize her as a de facto parent. She argued that she had been acting as a parent toward the children for the three years during the time the children resided with her. She also stated that she had developed a strong connection with the children, and that her conduct clearly showed that she acted in a parental manner with the children. The mother, however, attempted to block this status, as she argued that the woman didn’t have her consent, and that de facto parent status required the consent of both biological parents.

‍

Ruling & Outcome

The court ruled in favor of the woman seeking de facto parent status. The court rejected the mother’s position and noted that, contrary to what she argued, only the consent of one biological parent (or other legal parent) is required when seeking to establish de facto parent status. In this case, since the woman had the consent of the father, she didn’t need the mother’s consent.

‍

The court pointed out that there are 4 elements, or requirements, which must be met to establish de facto parent status in Maryland: (1) the parent-like connection between the person seeking de facto parent status must be something which was actively fostered by the legal parent who gave consent, (2) the person seeking de facto parent status and the child lived in the same household, (3) the person seeking de facto parent status took on obligations and responsibilities for the child which were consistent with being a full parent, and (4) the person seeking de facto parent status has been in a parental like relationship with the child for a length of time which is sufficient to create a legitimate parent-child like connection. In this case, the court determined that these elements had been met. The woman was successful at the trial court level in obtaining de facto parent status, and retained this status after the mother appealed.

‍

Contact the Murphy Law Firm for More Information

If you would like more information about this case, or about de facto parenthood, third party visitation, grandparent visitation rights, or another related topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

‍