The new Maryland child custody legislation, primarily House Bill 1191 (now codified as Family Law § 9-201 and § 9-202), went into effect on October 1, 2025, has a significant impact on custody cases. Specifically, the new law formalizes the "best interests of the child" standard, emphasizes co-parenting, and promotes judicial transparency in child custody decision-making. Judges are now required to evaluate a number of statutory factors when determining custody matters, rather than rely on interpretations of the factors pulled from case law. While the new law will help to ensure more consistent judicial decisions, parents will still have the greatest certainty to know how their case will be determined when they make these decisions out-of-court.

Key Takeaways

• The new Maryland child custody law formalizes the “best interests of the child standard” by requiring judges to evaluate specific statutory factors related to the child’s stability and needs.
• Judges must articulate how each statutory factor applies to the case, increasing judicial transparency and reducing reliance on case law.
• A primary factor that courts must consider is cooperation and communication between coparents. Parents must be able to communicate effectively and reach shared decisions.
• The new law more clearly defines what constitutes a “material change in circumstances” for the purposes of modifying existing custody orders.

Codification of the "Best Interest" Factors

The Maryland child custody laws now require judges to examine a variety of factors related to the child’s day-to-day needs, stability, welfare, and a parents’ ability to effectively co-parent. While many of these factors are addressed in the case law courts have long relied upon in determining custody issues, courts are now required to consider them and articulate how each factor applies in making a determination in a custody case. The factors in the new statutory framework are as follows:

• The stability and foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
• Whether and how parents who do not live together will share the rights and responsibilities of raising the child
• The child’s relationship with each parent, siblings, relatives, and other individuals important in the child’s life;
• The child’s physical and emotional security, and protection from exposure to conflict and violence;
• The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
• The daily needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
• How to place the needs above those of the parents, protect the child from parental conflict, maintain the child’s relationships with parents, siblings, and relatives;
• The child’s age;
• Any military deployment of a parent and its effect, if any, on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child;
• The location of each parent’s home in connection with their ability to coordinate parenting time, school, and activities;
• The parents’ co-parenting relationship with each other;
• The child’s preference, if age-appropriate.

Judges may also consider any other factors they consider appropriate in determining how best to serve the physical, emotional, and developmental needs of the child.

Emphasis on Parental Communication and Co-Parenting

As a result of Maryland’s child custody law shift, cooperation between co-parents is now a primary factor that courts must consider when deciding custody cases. Parents should be able to reach shared decisions and communicate effectively regarding their child’s needs, scheduling, health, education, and well-being. A demonstrated inability to communicate or a history of high conflict between parents can significantly impact the outcome of a custody matter.

Judicial Accountability and Transparency

In accordance with the new Maryland child custody laws, judges are now required to articulate their reasoning on the record for each of the statutory factors. This helps to eliminate inconsistent results in connection with the reliance on case law and promotes uniformity across different jurisdictions in the state. The once subjective standards are now replaced with more rigid guidelines.

Clarification on Modifying Existing Orders

The new Maryland child custody law also more clearly defines what constitutes a “material change in circumstances” required to modify an existing custody order. It specifically addresses parental relocation as a material change, and removes specific mileage thresholds. Rather, it focuses on the impact of relocation on the non-relocating parent’s relationship with the child and provides for an expedited hearing if relocation would significantly interfere with parenting time.

Actions Parents Should Take When Involved in a Custody Dispute

Although the new Maryland child custody law brings greater clarity to the best interests of the child standard and more certainty regarding the outcome of a dispute, these child custody matters can still be very stressful for families. Importantly, there are several things that parents should do when facing a contested child custody matter to ensure their parental rights are protected and the best interests of their child are met:

• Focus on your child: The best interests of your child should always come first and foremost. Be sure to frame your custody arguments around the health, safety, needs, and welfare of your child, not your personal grievances against the other parent.
• Document your case: Documentation is key in a child custody dispute. It’s crucial to thoroughly document your involvement in your child’s life. Keep a detailed log of all parenting time, communications with your co-parent, and the specifics of the interaction with your child. Maintain copies of school records, medical records, teacher communications, and doctor appointment summaries to show your involvement in health and education matters.
• Seek legal counsel: Child custody matters can be complex. It’s essential to consult with a knowledgeable attorney who can best evaluate your case under the new statutory framework.

In addition, be sure to follow any existing court orders. Failure to do so can significantly harm your custody case and result in serious legal consequences, such as being held in contempt of court.

Contact an Experienced Maryland Child Custody Attorney

If you have questions about the new Maryland child custody laws, it’s essential to consult with a knowledgeable attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys are dedicated to providing trusted representation for a wide range of family law matters, including those involving child custody and custody modifications. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If you are the non-custodial parent, you may be wondering what your rights are when it comes to your child’s medical and educational records. Even if you do not live with your child or share legal custody, you still have a right to be informed about your child’s health and schooling. Critically, Maryland law provides clear guidelines regarding a non-custodial parent’s rights to access a child’s medical and educational records. It’s important to understand your rights as a non-custodial parent and know what steps you can take if you are denied access to this important information.

Key Takeaways

• Under Maryland law, a non-custodial parent generally has the right to inspect and review their child’s medical and educational records, regardless of the custody arrangement, and unless a court order states otherwise.
• Maryland’s Family Code explicitly states that a parent cannot be denied access to their child’s medical records and school-related information solely because they do not have physical custody.
• Healthcare providers and schools are permitted to require the non-custodial parent to provide a copy of the current court order to verify that the legal right to access the records remains intact.

Who Gets to Make Medical and Educational Decisions?

If a child’s parents no longer live together, there are a few different child physical custody arrangements that may be followed. Parents may share either physical or legal custody, or both. Alternatively, either physical or legal custody may be sole and belong only to one parent. While physical custody refers to which parent the child lives with, legal custody has to do with who makes important decisions about the child’s welfare, medical care, education, and religious upbringing.

Parents who are divorced can decide on a custody arrangement between themselves. In the event parents cannot reach a custody agreement, a court would render a ruling based upon the “best interests of the child” standard. If parents were never married, paternity must first be established before a father can seek parental or custodial rights.

Non-Custodial Parent Medical Rights

Regardless of physical custody arrangement, a non-custodial parent typically has the right to see their child’s medical records. Even if one parent has sole legal and medical decision-making custody, the non-custodial parent generally still has the right to be informed about their child’s healthcare and well-being. However, a provider may require a copy of the current court order to verify that the non-custodial parent's medical rights remain intact and to confirm that the parent can legally access the child-related information.

Non-Custodial Parent Rights to Education Records

Maryland law specifically provides that if parents are divorced, separated, or otherwise living apart, both the custodial and non-custodial parent have the right to inspect and review their child’s educational records and any school-related information provided to the custodial parent.

What is school-related information? Md. Code Regs. 13A.08.02.30 defines “school-related information” as:

• Documents, which are regularly provided to the custodial parent at school meetings, by mail, or those that are sent home with the child;
• Statements regarding student and parent rights and responsibilities;
• School newsletters and school calendars;
• Notices of parent conferences, open houses, and plays; and
• Student records provided to the custodial parent, including report cards, disciplinary records, and special education notices.

The statute allows a school to require the non-custodial parent to pay a reasonable fee to obtain duplicate copies of the school-related information provided to the custodial parent. It also permits the school to require the non-custodial parent to sign an agreement that they will reimburse the school at the end of the school year for the costs of copying and mailing the documents. These fees can be waived if a non-custodial parent files a notarized statement that they cannot afford to pay them.

If the custodial parent files a court order with the school that specifies the non-custodial parent may not have access to the child’s records or school-related information, disclosure may not be made to the non-custodial parent.

Can a Non-Custodial Parent Be Denied Access to Their Child’s Medical and Educational Records?

Under Maryland law, a parent may not be denied access to a child’s medical records just because they do not have physical custody. Specifically, Md. Ann. Code, Family Law Article § 9-104 states:

Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

A parent does not need to have legal custody of the child to access the child’s medical and educational records. As long as parental rights have not been terminated by court order, the statute generally allows a non-custodial parent to request and view these records. However, if a medical provider has a reasonable belief that a child has been subjected to abuse or neglect by a parent, then the provider may deny that parent access. A non-custodial parent may also need to present the provider or school with a copy of the current court order to show their parental rights remain intact.

What Can You Do If You’ve Been Denied Access to Your Child’s Records?

If you’ve been denied access to your child’s medical records or school-related information, there are some crucial steps you can take. First, ensure the healthcare provider or educational institution has a copy of the court order currently in place. If there is no protective order or court order that restricts your rights, the entity must provide the records. Ensure each request is in writing, and you document every time it has been denied.

In a situation where a custodial parent interferes with access to your child’s medical or school-related information, when the issue cannot be resolved, it may be necessary to file an enforcement motion in court. However, mediation can often offer a more cost-effective and efficient method of resolving custody-related disputes in a timely manner and without resorting to litigation. Another viable solution may be the use of a co-parenting app with a feature that allows medical and academic information to be stored and shared easily, with access to both parents, and without the need to communicate directly.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you are facing an issue related to child custody or have questions regarding a non-custodial parent’s rights and access to school and medical records, it’s essential to have a compassionate and knowledgeable family law attorney who can best advise you and advocate for your rights. At the Law Office of Shelly M. Ingram, we are committed to working tirelessly on behalf of our clients and helping ensure the best interests of their children are met. Our Maryland family lawyers are trained in collaborative divorce, mediation, and litigation strategies and are dedicated to helping our clients resolve parenting and custody disputes amicably whenever possible. Contact us today or call (240) 652-2596">(240) 652-2596 to talk to a divorce attorney about your case or schedule a mediation.

On May 15, 2025, Governor Wes Moore approved House Bill 1191, which is set to go into effect on October 1, 2025. The Bill is significant because, for the first time, the Maryland State Legislature has adopted its own list of factors that Maryland judges must consider when they determine physical and legal custody of minor children.

In Maryland, the custody of a minor child is determined by a judge, who bases their custody decision on what they believe is in the “best interest of the child.” The phrase “best interest of the child,” on its own, is ambiguous, but over the years, the courts in Maryland developed a list of factors for judges to consider when attempting to establish this “best interest” standard.

Now, through the passage of House Bill 1191, the Maryland State Legislature has adopted its own list of custody factors that judges must consider when determining what custody arrangement is in the best interest of a minor child. The new statutory language includes the following list of mandatory factors:

9–201(A).

Factors:

(1) Stability and the foreseeable health and welfare of the child;

(2) Frequent, regular, and continuing contact with parents who can act in the child’s best interest;

(3) Whether and how parents who do not live together will share the rights and responsibilities of raising the child;

(4) The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;

(5) The child’s physical and emotional security and protection from exposure to conflict and violence;

(6) The child’s developmental needs, including physical safety, emotional security, positive self–image, interpersonal skills, and intellectual and cognitive growth;

(7) The day–to–day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;

(8) How to:

(I) Place the child’s needs above the parents’ needs;

(II) Protect the child from the negative effects of any conflict between the parents; and

(III) Maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;

(9) The age of the child;

(10) Any military deployment of a parent and its effect, if any, on the parent–child relationship;

(11) Any prior court orders or agreements;

(12) Each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;

(13) The location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;

(14) The parents’ relationship with each other, including:

(I) How they communicate with each other;

(II) Whether they can co–parent without disrupting the child’s social and school life; and

(III) How the parents will resolve any disputes in the future without the need for court intervention;

(15) The child’s preference, if age–appropriate, and

(16) Any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.

(B) The court shall articulate its findings of fact on the record or in a written opinion, including the consideration of each factor listed in subsection (a) of this section and any other factor that the court considered.

The factors listed above are not word-for-word identical to those previously established by the courts. However, the new factors are largely similar in content and scope.

It is important to note that the new factors also state that a judge may consider “any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.” This means that a judge has wide discretion to consider other factors that he or she may believe to be relevant in a particular child custody situation. Therefore, while the court is required to “articulate” its findings of fact as to each of the custody factors listed above, the court is not limited in its consideration to this list of factors.

Modification of Custody

In addition to providing a new list of custody factors, House Bill 1191 also addresses modification of child custody. The custody of a minor child is always subject to modification by the court. Prior to the new House Bill, the requirements for modification of child custody were also left to be defined through the courts.

Over the years, the courts established a two-step process to determine whether a custody arrangement should be modified or not. First, the requesting party had to show that there had been a material change in circumstances since the entry of the most recent custody order. Then, if the requesting party could establish a material change in circumstances, the court would proceed with a best interest of the child analysis (as described above) to determine whether custody should be modified.

The new House Bill essentially adopts and memorializes in the laws of the state the standard for modification that was previously established through the courts. It reads as follows:

9-202.

(A) The court may modify, in accordance with the provisions of this subtitle, a child custody or visitation order if the court determines that there has been a material change in circumstances since the issuance of the order that relates to the needs of the child or the ability of the parents to meet those needs and that modifying the order is in the best interest of the child.

(B) A parent’s proposal to relocate the residence of the parent or the child in a way that would cause physical custody to be impracticable constitutes a material change in circumstances.

The new Section 9-202(B) also specifically states that if a party is seeking to relocate, and that relocation would make the current custody arrangement impracticable to continue in, then that relocation may constitute a material change in circumstances.

Every custody case is going to be different depending on the specific circumstances of the parents and their children. The new House Bill does not define “material change in circumstances,” nor does it define what is “impracticable,” when it comes to a parent’s relocation. These are concepts that will be left to the discretion of a judge and the judge’s review of the facts and circumstances of each custody-specific case before them.

At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work with families to establish and modify custody arrangements so that parents can rest assured that their children's needs are met now and in the future. All of our attorneys are trained in collaborative law, mediation, and traditional litigation. We will work closely with you to find a strategy that will help you achieve the best possible outcome for you and your children.

To schedule a confidential consultation with an experienced Maple Lawn custody attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Child custody mediation can be an effective tool to help parents resolve disputes concerning custody matters and parenting time. Unlike the adversarial process of litigation, mediation promotes amicability between co-parents and tailored solutions that work for the whole family. Importantly, you know your children better than a judge in the courtroom — and mediation can help you and your co-parent reach a mutually agreeable resolution customized to your child’s unique needs.

Here are several ways mediation can help you resolve a child custody dispute:

Provide a Structured, Neutral Environment

Child custody mediation follows a structured process where a neutral third party, called a mediator, guides the discussion and helps parents develop a parenting plan that will meet their child’s best interests. Mediation takes place in a neutral environment that promotes cooperation, minimizes potential for disputes, and allows parents to openly share their concerns. After you and your co-parent have reached an agreement with the help of a mediator, a parenting plan will be drafted, signed, and submitted to the court for approval.

Reduce Conflict

In contrast with litigation, child custody mediation focuses on reducing conflict and preserving your co-parenting relationship. Not only can this help you reach a resolution more efficiently, but mediation can also provide you with the tools you need for effective communication with your co-parent in the future. Significantly, avoiding a lengthy and contentious battle in the courtroom can spare your children from the emotional impact that can be associated with a custody dispute.

Encourage Open Communication and Collaboration

Mediation encourages open communication and collaboration between co-parents. You and your co-parent can identify your priorities and brainstorm ideas that will work for your family. This collaborative approach can help you and your co-parent build a more positive relationship moving forward. Additionally, parents who create their own parenting plan for their children are more likely to respect the terms and comply with the agreement.

Provide Flexibility

Flexibility is key in a co-parenting relationship. Mediation can allow you to find ways to be flexible when it comes to visitation, holidays, decision-making responsibilities, relocation, and other custody issues. Notably, you and your co-parent can tailor your plan to fit your family dynamics.

Help You Find Creative Solutions

Child custody mediation can help you find creative solutions that might not be available in the courtroom. Instead of entering into a court-ordered inflexible arrangement, mediation can enable you and your co-parent to create a parenting plan that meets the needs of your family. You can develop a customized parenting time schedule that accommodates your work commitments, your children’s extracurricular activities, and your child’s educational needs — instead of being required to adhere to a strict alternating weekend schedule that might be imposed by the court.

Empower You to Make Decisions That Impact Your Child

With mediation, you do not have to rely on a judge to decide the issues and schedule that may impact your family for years to come. Child custody mediation empowers you and your co-parent to determine what custody arrangement and parenting time schedule is best for your child. In addition, parents are usually more satisfied with the outcome when they decide custody issues between themselves, rather than litigating them.

Reduce Stress

Child custody mediation provides a less adversarial environment than a court proceeding. The process allows you and your co-parent to communicate your concerns and goals in a calm setting. By facilitating healthy communication, a mediator can help to minimize the potential for conflict and prevent further emotional harm to you, your co-parent, and your children.

Strengthen Your Co-Parenting Relationship

Mediation can lead to better co-parenting — and a stronger co-parenting relationship. The process encourages healthy communication strategies and active listening now, and can help to cultivate those skills for the future. If the needs of your child change over time, you will have strong communication tools to navigate the process of making adjustments to your parenting plan without conflict.

Focus on the Best Interests of Your Child

When creating a parenting time agreement, modifying a custody arrangement, or dealing with a custody dispute, the best interests of your child should come first and foremost. Child custody mediation can shift the focus from parental conflict to your child’s well-being. A mediator can not only assist you and your co-parent in understanding each other’s perspectives, but they can also help you consider your child’s emotional, physical, and psychological needs. Mediation can also be useful to establish consistent routines for your child and ensure they maintain a healthy relationship with each parent.

Contact an Experienced Maryland Family Law Attorney

Child custody mediation can be an effective, cost-efficient, and amicable way to resolve conflicts related to custody and parenting time. At the Law Office of Shelly M. Ingram, all of our Fulton, Maryland divorce attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. We will work closely with you to find a strategy that will ensure the best possible outcome in your case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If you are the custodial parent, you may be wondering whether you are permitted to relocate out of the state with your child. Whether the move is in connection with a new job, to be closer to family, or another reason, it’s essential to understand that you cannot simply remove your child from the state or country. If a custody order is in place, you would need the consent of the court or the other parent to relocate with the child. Importantly, there are strict laws in place in Maryland to prevent child abduction and parental kidnapping.

What is the Maryland Child Abduction Prevention Act?

On October 1, 2023, a new law went into effect in Maryland called the “Maryland Child Abduction Prevention Act.” This statute is meant to prevent child abduction and parental kidnapping by defining what abduction is, providing courts with the authorization to issue travel limit or visitation restriction orders, and establishing a framework to assess risk factors that may be used as evidence for a preventative order.

How Does the Maryland Child Abduction Act Prevent Parental Kidnapping?

The Maryland Child Abduction Prevention Act is a proactive — rather than a reactive — measure that was put into place to prevent parental kidnapping before it occurs. It addresses both domestic and international abductions, defining abduction as “the wrongful removal or retention of a child.” Under the law, a parent can petition the court for an abduction prevention order if they believe there is credible evidence that the other parent will remove the child. A court can also issue such an order on its own motion.

The law outlines a number of factors as evidence for an abduction prevention order, including the following:

Maryland child abduction and relocation laws require custodial parents to obtain consent from the other parent or the court before relocating out of state. The Law Office of Shelly M. Ingram provides reliable legal support for child custody and family law matters.

• Previous evidence of abduction
• Any previous attempts at abduction
• A parent abandoning their employment
• A parent selling their primary residence
• Terminating a lease
• Closing a bank account
• Liquidating assets
• Hiding or destroying assets
• Conducting unusual financial activity
• Applying for a passport
• Obtaining travel documents for the child
• Previous domestic violence, stalking, child abuse, or neglect
• Lack of family, financial, emotional, and cultural ties to the State and the United States
• Strong ties to another state or country
• Has had an application for citizenship denied
• Has used multiple names in an attempt to defraud
• Has forged or presented misleading false evidence on government forms to obtain a passport or travel documents

There is a wide range of measures a court can implement to prevent parental kidnapping. For instance, a judge may impose travel limits, alter visitation rights, or have law enforcement take custody of the child. A parent who fails to abide by an abduction prevention order can face monetary fines and both civil and criminal penalties.

When Will a Court Allow Relocation?

If you are looking to move with your child, it’s important to understand how relocation impacts child custody. Significantly, a custody arrangement must promote the best interests of the child first and foremost. Parents should consider the child’s well-being, routine, and relationship with both parents before making the decision to relocate. Relocation can sometimes require a modification of an existing custody agreement — particularly in cases where the non-custodial parent’s ability to maintain a meaningful relationship with the child would be impacted.

Under Maryland law, a custodial parent must provide the other parent with 90 days’ notice of their intention to relocate, except in emergency situations. Failure to do so can lead to parental kidnapping charges. The other parent is entitled to contest the relocation and file an objection in court if they disagree with the move.

In determining whether relocation is in the child’s best interests, a court would consider a variety of factors, such as:

• The child’s bond with each parent
• The child’s age and developmental needs
• The reason for the relocation
• The impact of the move on the child’s education and social life
• The relocating parent’s ability to facilitate a meaningful relationship between the child and the non-relocating parent

Courts in Maryland typically allow for relocation when there is a good reason for the move or the move will provide the child with stability and better educational opportunities. For example, relocating due to a good job opportunity would be viewed much more favorably by the judge than a move that is motivated by parental alienation. In the event the court allows the custodial parent to relocate with the child, the custody agreement may need to be modified in order to account for the changes. Parents may need to create a new parenting plan, determine transportation details, and decide how transportation costs will be shared.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you are considering relocating with your child or are contesting the other parent’s relocation, it’s essential to have a family law attorney by your side who can best advise you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are committed to providing you with reliable legal services for a wide variety of family law matters, including those involving child custody issues. Whether mediation, litigation, or the collaborative approach is used, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Can a Child Custody Arrangement Be Impacted by a Parent Getting Sick?

A serious illness can be devastating, especially if it is debilitating and lasts for a significant amount of time. Not only might you be required to take time from work as you recover — but being sick can make it very difficult to care for your children. If you or your co-parent develop a physical or mental illness, you might be wondering what will happen to your current child custody arrangements. While every situation is different, it’s important to understand the ways custody can be impacted by a parent’s illness.

When Can an Illness Impact Child Custody?

Under Maryland law, both parents have a right to take part in raising their children — and courts always strive to ensure each parent is actively involved in a child’s life whenever possible. When it comes to determining child custody matters, the best interests of the child are always first and foremost. Nevertheless, a parent’s physical illness, mental health condition, or disability is only relevant to custody matters if the child’s best interests would be negatively impacted.

If a parent becomes physically or mentally ill and can no longer care for the child, a custody arrangement may need to be modified. Although a minor illness like a cold or the flu would not affect child custody, a medical issue that would leave a parent incapacitated for a lengthy amount of time would likely require a custody modification. However, before a judge will weigh a parent’s medical condition against them, there must be clear and convincing evidence that the parent’s health issues would adversely affect their ability to parent.

Mental Illness and Child Custody

Custody cases involving a parent’s mental illness can be complex. It’s important to be aware that being diagnosed with a mental illness does not automatically bar a parent from having custody. But if a parent is unwilling to seek treatment, or a child would be placed in harm’s way by spending time with the parent, a court would take this into account when determining these issues.

Every mental illness is different, and a judge would carefully evaluate a number of factors in light of the best interests of the child. For example, they would assess the severity of the psychological condition, the available treatment options, and the parent’s willingness to obtain treatment. A judge would also consider whether the child would be in harm’s way when they are with the parent — this includes both physical and emotional harm. If a parent is prone to violent outbursts, has uncontrolled anger issues, or requires regular hospitalization, the court may decide in favor of the other parent.

However, if the mental illness is manageable, the impact on a child custody arrangement may be less severe. In fact, if a parent has been diagnosed with moderate depression, anxiety, or another condition that can be effectively managed with medication or therapy, there may be little or no impact at all.

Supervised Visitation

If you or your co-parent is dealing with an illness that would warrant a change to the current custody arrangements, you need a family law attorney on your side. The Law Office of Shelly M. Ingram, with our team of compassionate Fulton, Maryland family lawyers, provides reliable guidance and representation for various family law matters, including those involving child custody modifications. Reach out to us today to consult with a divorce attorney regarding your situation.

Except in extreme cases, a court is unlikely to terminate parental rights entirely. Rather, a judge might order supervised visitation if they deem it appropriate to protect the child from harm. Supervised visitation is monitored by a third party — and it allows the child to have meaningful contact with a parent while providing a layer of protection. It is often used in cases where a parent has a mental health condition that would interfere with their ability to parent and the child’s welfare would be at risk.

Modifying Custody Arrangements When a Parent Gets Sick

If a parent becomes ill, it may be necessary to modify the custody arrangements that are in place. It’s always best for parents to work together to reach an agreement regarding what is best for their child and family. In doing so, parents should be sure to discuss the following points:

• The expected duration of the illness
• How the illness and treatment impact the current parenting time schedule
• The limitations the parent will have in caring for the child
• The doctor’s recommendations
• What adjustments should be made to the parenting plan

The mediation process can often be helpful to facilitate healthy communication between parents when it comes to reaching an agreement regarding a custody modification. In the event parents cannot agree on how the custody arrangement should be changed, the parent requesting the modification may need to file a petition in court. In such cases, a judge would decide the case by evaluating the relevant evidence, listening to the testimony of the parties and any witnesses, and applying the best interests of the child standard.

Contact an Experienced Maryland Family Law Attorney

If you or your co-parent suffers from an illness that would warrant a change to the current custody arrangements, it’s essential to have a skillful family law attorney by your side. At the Law Office of Shelly M. Ingram, our Maryland family lawyers offer compassionate counsel and reliable representation for a wide variety of family law issues, including those involving child custody modifications. Contact us today or call (240) 652-2596">(240) 652-2596 to talk to a divorce attorney about your case or schedule a mediation.

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Your Judgment of Absolute Divorce may award you the marital home or other real property, but that doesn’t mean the work of separating your finances is over. Understanding how to get an ex-spouse off a mortgage – and the steps to take to execute a judgment in your favor – is important to allow you to close the book on your divorce and move forward as the sole owner of your home.

Property Awards Can Mean Taking a Spouse Off the Mortgage

The Maryland Marital Property Act requires the family court judge in your case to divide all your marital property equitably. That includes dividing the family’s marital home or other real estate. One of the ways the court can do this is to order the transfer of jointly owned property solely into one spouse’s name. This spouse then has the sole right to continue to live in and possess the property, and to sell it and keep the proceeds when the time is right.

When a Maryland court awards one spouse the family home, it generally also requires that party to assume the costs and liabilities of the home, including paying off the mortgage. However, unless you take steps to get your ex-spouse off the mortgage, your credit will remain linked to theirs. This means that the party awarded the home will generally be required to refinance the property to remove the ex-spouse’s name from the mortgage, and any other obligations they have to pay home-related expenses.

How to Get an Ex-Spouse Off a Mortgage

Getting an ex-spouse’s name off your mortgage isn’t the easiest thing to do. A lot will depend on your financial situation, your credit, and your ability to obtain new financing in your name only.

Steps to Removing a Name from a Mortgage

Confirm How Much You Need to Borrow

Understanding how to get an ex-spouse off a mortgage – and the steps to take to execute a judgment in your favor – is important to allow you to close the book on your divorce and move forward as the sole owner of your home.

Often, when the Maryland family courts award one spouse the marital home, that spouse will be required to pay the other a lump sum representing the other spouse’s equitable interest in the property. Some divorcing spouses can offset that equitable award from other sources, like retirement accounts or investments. More often, however, that buyout is financed through a mortgage or home equity line of credit against the property itself. It is important to check your Judgment of Absolute

Divorce, and your current mortgage balance, to understand how much you will have to borrow to satisfy the judgment and pay off your spouse’s interest in the home.

Talk to Your Current Lender

It is wise to start the refinancing process by talking to your current lender or mortgage holder. That bank or financial institution will already have a lot of information about your background and finance information, so it may be able to give you a quick answer about whether they will finance a new loan in your name only, and on what terms. Keep in mind that financing a property in one name instead of two increases the chances of something happening and the bank being unable to collect its payments. This may mean your new mortgage will be at a higher interest rate than when you and your spouse previously borrowed together.

Get a Comparative Quote

It is worth the extra time (and minor expense) to get a second lender’s estimate on a new mortgage in your name only. This will likely require the second lender to pull your credit history and do a background check. But the financial markets have changed a lot in recent years. If you and your spouse purchased your home several years ago, you shouldn’t assume that your current mortgage lender has the best options for you as a single person. When comparing the quotes, remember to consider:

• Interest rates
• Term of lending (often 15 or 30 years)
• Fixed vs variable interest rates
• Grace periods for payments
• Late fees and penalties
• Foreclosure provisions
• Home insurance requirements (most lenders have them)
• Escrow for property taxes or utilities

In deciding which lender to use, be sure you can afford the payments, as well as utility payments and other expenses related to the home. A mortgage broker may be able to assist you in understanding the finance options that are available to you.

Sign a Quit Claim Deed or Record Your Judgment

Once you have been approved for new financing, you and your spouse will need to sign and file a quit claim deed, formally transferring ownership to you alone. This is often signed at a closing in front of your lender, who will notarize the deed and file it with the county clerk. Your Maryland divorce attorney can also help you prepare, sign, and file a quit claim deed.

If your ex-spouse refuses to sign a quit claim deed, you may be able to record the Absolute Judgment of Divorce itself as proof you are the sole owner of the property. Your attorney can also file a motion to compel your ex-spouse to sign the deed, which will avoid publicly filing the information contained in your judgment. Either way, your lawyer can help you ensure that you are the sole title holder of the property before the loan is finalized.

Execute Your New Loan Agreement and Pay Your Spouse’s Equitable Interest

Also at the closing, you will sign a loan agreement with your mortgage company. This is the formal contract between you and the bank where they agree to give you money and you agree to pay according to its terms. The mortgage company will then issue a check for the agreed upon amount. You can have that check made out directly to your spouse, so there is no question that their equitable interest has been paid and the judgment satisfied.

You should treat this appointment as high-priority. If a closing has to be postponed, it can create delays in executing your Absolute Judgment of Divorce, and could even result in post-judgment motions to enforce the judgment and force you to pay your ex-spouse what you owe.

Can You Remove Someone’s Name from a Mortgage Without Refinancing

When a property is transferred as part of a divorce settlement, some banks will allow the mortgage to be transferred to a new borrower, without the need for refinancing. This may require you to find a new co-signer, like a parent, who will step into the place of your ex-spouse. This transfer will allow you to get your ex-spouse off the mortgage without exposing you to higher interest rates or fees. Before your lender allows the transfer, they may want to perform a new credit check or investigation to determine your level of risk.

Loans can also be “assumed” – meaning that a new person may agree to pay a debt owed by someone else. This will generally not work if the original mortgage was in both spouses’ name, since both you and your spouse are already obligated to pay the debt. However, if you are awarded a property that your spouse borrowed money to pay for, assumption of the loan can be a way to remove your ex-spouse’s name from the mortgage without refinancing.

Get Help Removing Your Ex-Spouse’s Name from the Mortgage

The work of getting divorced doesn’t end when your judgment is entered. It is up to you and your ex-spouse to do the things the Maryland court has ordered – including taking your spouse off the mortgage. The Law Office of Shelly M. Ingram can help. We can walk you through the process and ensure that you have done everything you are required to do under the Absolute Judgment of Divorce, so you can start your single life on the right foot. Call us at (240) 652-2596">(240) 652-2596 or contact us online to schedule a consultation at our Howard County family law firm located in the Maple Lawn business district of Fulton, Maryland. We look forward to working with you.

When conflict is high in a divorce or custody case, sometimes a child’s voice, and even their best interest, can get lost in the debate between parents. In cases of family violence or abuse, or when a child’s special needs require special attention, the Maryland Family Court judge may appoint a lawyer to advocate for your child and assist the Court in determining the child’s best interest. Understanding who the child’s lawyer is, and her role in the case, will help you take full advantage of this court-appointed resource, and make sure your child’s needs are being met. 

Why a Legal Representative for Your Child May be Appointed to Your Case 

Maryland Family Court judges have the authority to appoint child lawyer in divorce, child custody, and contested child support cases. This happens when there are special concerns about whether the child’s interest is being adequately reflected by the parents. (More on that later.) In fact, in Maryland, a child age 16 or older even has the authority to file his or her own motion to change custody. When that happens, or when high conflict between parents threatens to drown out a child’s needs and best interests, the Court may appoint a child lawyer to step in, meet with your child, and represent his or her best interests, privacy interests, or preferences in court. The Court can appoint a child representative on a motion from either party, or on its own initiative. 

When a Maryland Court Will Appoint a Child Lawyer

Not every high-conflict case requires an independent child lawyer. According to Maryland Law, when deciding whether to appoint an attorney for a child, the Court is instructed to consider:

• The nature of potential evidence to be presented
• Other methods of obtaining that information (including social service investigations and mental health evaluations)
• Available resources for payment (most often one or both parents)

While cost, and the parents’ ability to pay, is a consideration, your child will not be deprived of representation just because you are unable to pay for it. When circumstances require, the Court has the authority to appoint child attorneys, and to request that those attorneys represent children pro bono, without cost to the parents. 

The rule also outlines several factors indicating when appointment of a child lawyer is most appropriate:

1. Request of one or both parties;
2. High level of conflict;
3. Inappropriate adult influence or manipulation;
4. Past or current child abuse or neglect;
5. Past or current mental health problems of the child or party;
6. Special physical, educational, or mental health needs of the child that require investigation or advocacy;
7. Actual or threatened family violence;
8. Alcohol or other substance abuse;
9. Consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent;
10. Relocation that substantially reduces the child’s time with a parent, sibling, or both; or
11. Any other factor that the court considers relevant.

Why Parents May (or May Not) Request a the Appointment of a Child’s Lawyer

In certain cases, a child’s lawyer can be a powerful advocate to cut through the noise of litigation and make sure your child’s best interests are being met. A child’s legal representative can be especially helpful in cases where the two parents’ stories are vastly different, or where one party has been abusive or manipulative in the past, such as when trying to divorce a narcissist. They can also be powerful allies in cases involving Child Protective Services investigations, or parental interference. Finally, they can provide assistance when a child’s medical or mental health needs are at the center of the child custody dispute. 

If your child’s other parent is resisting the appointment of a child lawyer, it may be because of the cost of bringing a third attorney into high-conflict litigation. While pro-bono child representatives are sometimes an option, more often, parents will be asked to pay some, if not all, the child’s attorney’s fees. 

However, a parent may also object to the appointment of a child advocate out of concern that an independent legal representative for the child will uncover uncomfortable information about the parents. It is important to remember that no parent is perfect. If a child’s lawyer is doing her job, she will find good and bad things about both parents. The goal is to provide your child a voice in the courtroom, and to assist the Court to sort out the good and the bad to determine what is in your child’s best interests.

3 Types of Child’s Lawyers in Custody Cases

Our child custody attorneys can help you protect yourself and your children in a high-conflict divorce, custody, or child support case. We know when and how to work with a court-appointed child’s lawyer. Contact us to schedule a confidential consultation with one of our Maryland attorneys.

The term “Child’s Lawyer” is an umbrella term that covers the various roles an attorney can play in representing a child’s interest in court. These legal professionals can take on one (or more) of three possible roles:

Best Interest Attorney

A Child’s Best Interest Attorney (previously known as a “guardian ad litem”) is an attorney appointed by the court to protect and advocate for what she determines to be the child’s best interests. When appointed, she will:

• Meet with your child;
• Explain her role in the case;
• Visit the child in each parent’s home; 
• Interview parents, teachers, counselors, doctors, childcare providers, and other relevant witnesses;
• Observe each parent’s interactions with the child;
• Review educational, medical, mental health, and other records;
• File and respond to motions;
• Receive information and documents related to the case (Discovery);
• Participate in settlement negotiations;
• Prepare your child for any meetings with the judge or testimony they may offer;
• Call witnesses and present evidence and arguments at trial. 

A Child’s Best Interest Attorney does not submit reports directly to the Court, and cannot be called as a witness to testify at trial.

Child Privilege Attorney

Every person has a right to keep certain information private, such as:

• Certain medical and educational records,
• Therapy or mental health information including both diagnosis and treatment,
• Communication with privileged individuals (such as clergy or counselors).

When that protected information is used in court, the person to whom it is related has the ability to assert a “privilege” to exclude it as confidential. 

Under Maryland law, a parent cannot waive a child’s right to protect that information for his or her own benefit. However, sometimes, information related to a child’s wellbeing is needed to determine their best interests. Most often, this information comes from the child’s therapist, psychologist, psychiatrist, doctor, religious leader, school counselor, or social worker. 

To protect the child’s privileged information, the Maryland Court can appoint a Child Privilege Attorney (formerly known as a “Nagle v Hooks Attorney” after a 1983 Maryland Supreme Court case of the same name). This type of child’s lawyer is authorized to decide whether it is in the child’s best interest to release the protected information. If not, the attorney may assert the child’s privilege at court and prevent testimony or admission of evidence related to the confidential information. The Court must appoint a Child Privilege Attorney anytime confidential information is going to be presented and the child is not mature enough to assert his or her own privilege. 

Child Advocate Attorney

The third type of child lawyer is the Child Advocate A Child Advocate is generally only appointed to represent teenagers or older children. Often, a Child Advocate also serves as a Child’s Privilege Attorney. A Child Advocate has the closest to a traditional attorney-client relationship with the child they represent. She acts as an independent lawyer for the child, representing the child’s position at court and following their instructions. Unlike a Best Interest Attorney, communication between a Child Advocate and the child she represents is confidential. 

Should Parents Talk to a Child’s Lawyer? 

Your child’s attorney has the authority to talk to you, and in some cases to observe you and your child together in your own home. It may be natural to try to persuade your child’s lawyer to see things from your perspective. To an extent, a child’s lawyer does rely on parents, and their attorneys, to understand the issues in the case, and provide context for the child’s preferences. 

However, you should always remember that what you say to your child’s lawyer is not protected by attorney-client privilege. If you pressure the lawyer to sway her best interests, determination, or admit to contested issues, those statements may be used against you later in the case. Try to keep the focus on your children, and on the facts of the case, rather than your emotions. If you have concerns about talking to your child’s lawyer directly, talk to your own attorney. They may be able to arrange a meeting time, place, and situation that will protect your interests, or even be present to speak on your behalf.

Can a Child’s Lawyer and the Child Disagree?

As part of her role, a child’s lawyer must determine whether the child has “considered judgment.” That is, whether the child understands the risks and benefits of their legal position and can reasonably communicate their wishes to the Court. In making that determination, the legal representative for the child should consider several factors:

• The child’s cognitive ability, socialization, and mental and emotional development;
• The child’s ability to express their position, communicate with the attorney, and explain the reasons behind their legal position;
• Relevant reports (such as from social workers, mental health professionals, or schools) that may support or contradict their position

Even children with cognitive or emotional disabilities may have “considered judgment.” However, it may be necessary for the child’s counsel to speak with professionals, family members, or other witnesses to determine whether the child’s position is their own. They may also need to have a professional evaluation done to determine the child’s ability to form and express their opinion. 

As many parents know, what a child wants is often not what is in their best interests. When a Child Best Interest Attorney’s determination differs from the child’s “considered judgment,” the child’s lawyer is required to make the child’s position known to the Court as part of the record. However, it is her job to advocate for the child’s best interests, not necessarily the child’s desires. 

In contrast, a Child’s Advocate is the child’s lawyer, for good or ill. A Child’s Advocate must advance the child’s preferences and position, even if it conflicts with the lawyer’s own beliefs about the child’s best interests. 

At the Law Office of Shelly M. Ingram, our child custody attorneys can help you protect yourself and your children in a high-conflict divorce, custody, or child support case. We know when and how to work with court-appointed child lawyer, and can help you decide whether to request separate legal representation for your child. Read our blog covering co-parenting tips.  Call (240) 652-2596">(240) 652-2596 or contact us online to schedule a confidential consultation with one of our Maryland attorneys.

Custody cases generally center on disputes between a child’s primary parents – mothers and fathers. In custody disputes, the involvement of third parties can change the dynamic and often make things more complicated. Step-parents, grandparents, and new partners can each affect custody cases in different ways, from influencing the judge’s decisions about your child’s best interests to filing child custody cases of their own. Understanding third parties’ roles in your custody case can help you anticipate and plan for the part they will play in your family, and also to do what is best for your children. 

New Relationships Can Create Waves in Child Custody Cases

After a divorce or at the end of a long relationship, many Maryland parents are eager to move on with their lives and that often includes the start of a new romantic relationship. When a parent introduces his or her children to a new significant other too soon, it can affect the children and any related custody case. In addition to impacting your custody case and your relationship with your child, the introduction of a new significant other may also prompt an emotional reaction from your co-parent.

Children’s Response to New Parental Figures

Our Maryland child custody lawyers understand the role in custody that stepparents, grandparents, and romantic partners can play in child custody cases, both legally and emotionally. We can help you understand the limits of third parties’ authority and ability to participate in the child custody process. We will guide you through the entire case, from determining if you have standing, to negotiating a custody agreement with the child’s parents or proving your de facto parent status in court.

Children of divorced parents often struggle with feelings about their parents’ roles in their lives. For very young children, this takes the form of “attachment” and can define how independent and self-sufficient they become. They may experience parental confusion, and be unable to distinguish between their own mother or father and a step-parent or other custodian introduced too quickly.  Older children may come to resent a parent who left the marital home, or blame one parent for the changes in their environment. Introducing a new parental figure into that environment can be confusing and increase those feelings of abandonment or blame. It is best to go slowly in introducing your children to new romantic partners and wait until you are certain the relationship will last before bringing your children into the picture. 

Co-Parenting When New Relationships Start

Often, children trying to process their feelings about one parent’s new romantic partner will talk about the new partner with their other parent. This revelation can often come as a surprise to the co-parent, who likely will have his or her own emotional response based upon the timing and grief for the failed relationship. Co-parenting relationships can suffer when a new partner enters the picture. You can reduce the strain caused by the introduction of a new significant other by having open conversations with your co-parent about your intentions to make the introduction, before any introduction is made. You may even go so far as to let the adults meet first, before bringing the children into the picture.

Sometimes, a new romantic relationship can lead directly to a custody motion in court. If your co-parent has safety concerns about the stability of your new romantic partner (for example: his or her drug use, criminal history,  or anger issues), your co-parent may file a motion to restrict your partner’s role in the children’s lives. This is especially true if you move in with your new partner. These motions could ask the court to:

• Restrict overnight visits while the children are in the home
• Prevent contact between the child and the new boyfriend or girlfriend
• Keep the children from referring to your new partner as “Mom” or “Dad”
• Ban corporal punishment
• Restrict parenting decisions to just the parties
• Adjust child support based on shared expenses

If you begin a new relationship while your child custody case is still pending, your spouse can also use that fact against you in determining custody, especially if your children know about it or have been introduced to your new partner so soon. Once again, moving slowly and maintaining open communication with your co-parent is the best way to avoid the possible negative impact that your new partner may cause for your child custody case. 

Stepparents Role in Custody

If you remarry, you might think things would change around child custody and potential negative impact. However, stepparents are not legal parents of the children. Your new spouse’s relationship to you does not give them authority over your child. This power dynamic can lead to difficult situations within your household, especially if your new partner will be caring for your children or there are other children in the household. 

Can Step-Parents Provide Transportation to Visitation?

Perhaps the most common role step-parents can play is providing transportation for their step-children. They may drive children to school, extracurricular activities, babysitters, or social events. But can they provide transportation to visitation? There is no legal requirement that Maryland parents provide transportation to and from child custody exchanges. Instead, the parent dropping off or picking up is generally responsible for arranging transportation by someone with a valid driver’s license that the child knows and is comfortable with. 

However, before you send a step-parent to an access exchange, consider the emotional and relational forces at play. 

• Is this an occasional event or regular occurrence
• How well do you and your co-parent get along?
• Do your co-parent and your new spouse know each other?
• Will your co-parent be offended that you handed off the transportation duties?
• Is asking a step-parent to drive the children to visitation going to reduce or increase conflict?

There is not a clear answer for this. Some family dynamics can benefit from using a third party to act as a go-between preventing parents in conflict from engaging face-to-face. In other cases, a step-parent can be seen as overstepping his or her bounds if they take over the transportation for an otherwise disengaged parent. Consider your family’s specific interpersonal dynamics, and be sensitive to your co-parent’s feelings on the matter before sending your new spouse into a high-conflict situation.

Stepparents and Discipline

When a stepparent lives in the same home as your children, there will inevitably come some moment when he or she needs to resolve a conflict between your children or address some misbehavior. If your new spouse has a different strategy for discipline than you and your co-parent, it can not only create a conflict, but also serve as a  basis for a child custody motion. Corporal punishment, including spanking, can be especially troubling for some parents. As your child’s legal parent, you – not your spouse – have the final say on discipline issues. You must set clear boundaries for how discipline will be handled. If your spouse insists on doing something different than that which you and your co-parent have agreed, it could hurt you in court. 

Can a Stepparent Make Medical Decisions for Your Child?

The limits on a stepparent’s role are especially apparent in the doctor’s office. Stepparents have no legal authority to make decisions for a child. If you send your child to the doctor with his or her stepparent, it could delay treatment, or create a violation of your child custody order. You may sign a power of attorney to give your spouse permission to hear confidential information about your child’s health and make day-to-day decisions in your place. However, if you share joint legal custody, it should be you and your co-parent making medical decisions, without a step parent’s interference.

Grandparents’ Visitation Rights 

What about when the third party is biologically related to the child? Grandparents often play a role in child custody cases. They may provide childcare to working, single parents, or even act as primary caregivers if a parent is unavailable due to health, employment, or a jail sentence. In the courts, grandparents are third parties just like step-parents. However, they do have the right to file a motion for grandparents’ visitation. A grandparent is not likely to succeed in requesting visitation over parents’ objections. To do so, they will have to show that a parent is unfit, or that exceptional circumstances exist. According to a 2017 case, Burak v Burak, parental unfitness means:

1. “The parent has neglected the child by manifesting such indifference to the child’s welfare that it reflects a lack of intent or an inability to discharge his or her parental duties; 
2. The parent has abandoned the child;
3. There is evidence that the parent inflicted or allowed another person to inflict physical or mental injury on the child, including, but not limited to physical, sexual, or emotional abuse;
4. The parent suffers from an emotional or mental illness that has a detrimental impact on the parent’s ability to care and provide for the child;
5. The parent otherwise demonstrates a renunciation of his or her duties to care and provide for the child; and
6. The parent has engaged in behavior or conduct that is detrimental to the child’s welfare. 

Another case, McDermott v Dougherty, set out factors to determine when exceptional circumstances exist in favor of a grandparent’s visitation rights:

1. The length of time the child has been away from the biological parent
2. The age of the child when care was assumed by the third party
3. The possible emotional effect on the child of a change of custody
4. The period of time which elapsed before the parent sought to reclaim the child
5. The nature and strength of the ties between the child and the third party custodian
6. The intensity and genuineness of the parent’s desire to have the child
7. The stability and certainty as to the child’s future in the custody of the parent

Because these standards are so high, grandparents seeking visitation are often better served using mediation or other forms of alternative dispute resolution to reach an agreement about their role in a child’s custody with the parents without going to court. 

De Facto Parents Seeking Child Custody and Visitation

There are some cases where a stepparent will try to seek child custody and visitation themselves, rather than through a child’s legal parent, including where that parent is unfit (see above), or has died or become incapacitated. When it comes to awarding custody, even as a stepparent, unless you have gone through an adoption, your new spouse is still legally no different than a grandparent, the non-biological parent of a child in same-sex couples’ child custody cases, or an interested stranger. 

That is, unless they can establish themselves as a “de facto parent.” In the 2016 case, Conover v Conover, a Maryland court of appeals set out a four-pronged test to identify a person who has acted as a child’s parent for all practical purposes, without legal custody rights:

1. That the biological or adoptive parent consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the child; 
2. That the petitioner and the child lived together in the same household; 
3. That the petitioner 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 
4. That the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.

Because they cohabitate with the child and the child’s legal parent, step-parents are the most likely to qualify as a de facto parent under this definition. Once they do so, they can request custody and visitation based on their existing parental role in the child’s life – although there is no guarantee that the step-parent will prevail in making this defacto parent request. 

At the Law Office of Shelly M. Ingram, our Maryland child custody lawyers understand the roles stepparents, grandparents, and romantic partners can play in child custody cases, both legally and emotionally. We can help you understand the limits of third parties’ authority and ability to participate in the child custody process. We will guide you through the entire case, from determining if you have standing, to negotiating a custody agreement with the child’s parents or proving your de facto parent status in court. Contact us today through our online form or call us at (240) 652-2596">(240) 652-2596  to schedule a consultation with an attorney.