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In the past, we’ve discussed the legal concept of “de facto parenthood” in Maryland family law. De facto parenthood is a relatively recent addition to the law of Maryland, something which was established in the case of Conover v. Conover (2016). The Conover case introduced a four-part test to determine whether a given person may be regarded as a de facto parent. De facto parenthood provides a way around the standard which normally applies when unrelated third parties attempt to assert formal parental rights under the law. Normally, third parties need to cite “exceptional circumstances,” or give proof that the natural parents are unfit, but someone asserting de facto parent status doesn’t need to cite either of these things. The person attempting to assert de facto parent status needs to substantiate this status with evidence, but if that status is sufficiently demonstrated then the person can assert formal parental rights in the same manner as a natural parent. In other words, for legal purposes, de facto parents have the same standing as natural parents.
What about child support? Suppose someone comes forward and asserts parental rights by claiming de facto parenthood – does this person face potential liability for child support? This is one of the issues which came to the surface in the recent case of McMorrow v. King (2025). Let’s explore this case in a bit of detail.
Facts of the Case
The natural parents in this case met while they were attending separate colleges. Both were in their late teens, with the father being one year younger than the mother. Prior to the birth of the child, the parents held a meeting with the paternal grandparents (Mr. and Mrs. King) and several other family members. The group agreed that the child would reside primarily with the paternal grandparents until the parents both graduated from college.
Not long after the parents had their child, the father passed away from a drug overdose. This event permanently disrupted the parenting plans for the child. After the father passed away, the paternal grandparents took over and played a dominant role in the child’s life for the first 7 and a half years. When the mother eventually requested to have the child back, the mother promised visitation to the paternal grandparents, but then later the mother blocked visitation. The paternal grandparents filed a motion to compel visitation based on their alleged de facto parent status. The mother contested this status, but ultimately the paternal grandparents were successful in obtaining this de facto parenthood status from the court.
The trial court denied the mother’s claim that the paternal grandparents should be liable for child support based on their de facto parenthood status. The mother appealed this decision.
Ruling & Discussion
The appellate court overturned the trial court’s decision on child support liability. This is a major contribution to the law on de facto parenthood in Maryland, as this case seems to firmly establish the issue of child support liability for de facto parents. This decision on child support liability for de facto parents is consistent with the notion of de facto parenthood as being legally equivalent to natural parenthood. Now, third parties attempting to claim de facto parenthood status under Maryland law need to know they can face child support obligations just like a natural parent. This means that de facto parents can literally be ordered to pay child support as part of a formal court order, and be punished for failing to pay, just as would be the case for a natural parent.
Contact the Murphy Law Firm for Additional Resources
To learn more about the details of de facto parenthood status under current Maryland law, the constitutionality of de facto parenthood, asserting de facto parent status, child support for de facto parents, or any other related family law topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
