Grandparent and Third-Party Custody Rights

Grandparent and third-party custody rights in Maryland differ from that of natural parents. Maryland has a presumption that living with natural or adoptive parents is best for a minor child’s welfare. The court presumes that parents are in the best position to determine access and visitation with their children.

The Standard

For a grandparent or any other non-custodial party to obtain custody and/or visitation against the will of the natural parent, there must be a showing of an exceptional circumstance  or a finding of unfitness. The third-party must overcome this presumption through a preponderance of the evidence (i.e., that it is more likely than not that the parent is unfit and or that exceptional circumstances exist).

After the you met the Standards: Next Steps

After a court finds that exceptional circumstances exist and/or that the natural parent is unfit to determine who has access to the minor child, the court reviews a host of factors that, together, are known as the “best interest of the child” standard. These factors include, but are not limited to:

• fitness of each parent;
• child’s primary caregiver;
• character and reputation of the natural parent;
• desire of natural parents;
• maintenance of family relations;
• child’s preference (if at least 10 years old but can be younger depending on the judge’s determination);
• environment of the home;
• parenting abilities;
• age, health, and gender of the child;
• school status;
• length of separation; and
• special needs and disability of the child

Natural Parent’s Custodial Rights

Overall, even after a third party or grandparent has been awarded custody and/or visitation, a natural parent’s custodial rights are not terminated, and the parent is not precluded from seeking custody later. The court can award a natural parent the right to visit and communicate with the child as apart of the third party’s custody award.Moreover, you must meet several factors and requirements for a third party or grandparent custody/visitation determination. You need an attorney who will advocate on your behalf and ensure that you meet the requirements. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule your free criminal consultation at (240) 493-9116 or angel@amurphylegal.com. Lastly, if you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and on Twitter @AMurphy_Legal