Child custody can be a very emotional issue, and not just for the parents of the child. People often believe that only the legal parents of a child may pursue visitation and/or custody, but that isn’t true!
At the Law Office of Elizabeth Anu Lawrence, LLC., we are experienced family law litigation attorneys, and happy to help you enforce your visitation rights.
Which Other Individuals May Be Able to Pursue Custody?
Oftentimes, extended family members may be deeply involved in raising a child, such as an aunt or uncle who takes in the child when the parent is deployed overseas, or a grandparent who steps in when the parent is incarcerated. Stepparents and long-term romantic partners of a parent, even those who have not adopted the child, may also form lasting and loving relationships that persist even when the romantic relationship with the parent is over. These individuals may all have a case for establishing legal custody and visitation rights with the child.
If you are not the legal parent of a child, in order to pursue custody you must prove that you are a de facto parent of the child.
What is a De Facto Parent?
A de facto parent is, simply put, a person who has acted in the role of a parent for a child. In Maryland, in order to be considered a de facto parent, you must prove the following:
- That the biological or adoptive parent(s) consented to, and fostered, the formation and establishment of your parent-like relationship with the child;
- That you and the child lived together in the same household;
- That you assumed obligations of parenthood by taking significant responsibility for the child’s care, education, and development, including contributing towards the child’s support, without expectation of financial compensation; and
- That you have been in a parental role for a length of time sufficient to have established a bonded, dependent relationship with the child.
E.N. v. T.R., 474 Md. 346 (2021); Conover v. Conover, 450 Md. 51 (2016).
What does this mean?
It means that you must show evidence to the Court that you lived with the child and stepped into a parental role for them, with the consent of the child’s legal parent(s). You must also have lived with/bonded with the child for a significant amount of time—a summer trip or a few weekends spent at your house are almost certainly not sufficient. But if you have lived with the child for months or years and been an active participant in raising them, you may be considered a de facto parent.
Third Party Custody
Even if you don’t meet the criteria for a de facto parent, you may be able to establish custody and visitation rights in certain circumstances. If you are not a parent or de facto parent, you are likely a third party—and the Court would normally prioritize the legal parents’ wishes over those of a third party. However, if you are able to prove that either the legal parents are unfit or that exceptional circumstances exist, you may be able to obtain custody and/or visitation of the child.
What Are My Next Steps?
If you are interested in pursuing custody or visitation of a child, you should consult with a licensed Maryland family law attorney so that you can understand your options, as well as the potential costs and time frame. Please contact the Law Office of Elizabeth Anu Lawrence, LLC on 443.352.3201 or 410.986.0088 in order to schedule a consultation today.