Grandparents Raising Grandchildren in Maryland: Legal Rights & Practical Tips

Maryland law allows grandparents to raise their grandchildren in certain circumstances, typically through custody, guardianship, or other court-recognized arrangements. However, these situations often involve legal complexities.

Understanding the legal rights of grandparents, and speaking with a Maryland grandparents’ rights attorney, can help you obtain the best parenting arrangement for your family.

What is child visitation, and can grandparents have this right?

Child visitation is a court order that specifies when, where, and how a parent or other person with court-ordered access, such as a grandparent, may spend time with a child.

A child visitation order can be used to allow continued contact with a child, subject to court approval. For example, if you are a grandparent and are allowed to visit your grandchild at their father’s home every day of the week, these are the child visitation terms you must abide by.

How can grandparents be granted child visitation?

To obtain visitation against a parent’s wishes, a grandparent must first rebut the presumption favoring a fit parent’s decision, typically by showing parental unfitness or exceptional circumstances.

After the parental presumption is rebutted, the court considers whether visitation is in the child’s best interests. Courts may consider a variety of factors, including but not limited to the following:

• Whether or not visitation will affect the grandchild’s school attendance.
• A grandparent’s current physical and mental health.
• How being a part of their grandchild’s life will affect their relationship with other family members.
• Whether or not the grandchild’s parents have any objections to you being granted child visitation.
• A grandparent’s relationship with their grandchild and what it looked like in the past.
• The physical and mental health of the grandchild’s other family members, including their parents.
• Whether or not the grandchild is mature enough to make choices on their own.

Every single one of the criteria listed above can affect whether or not you are granted child visitation. To obtain child visitation, you must request visitation rights.

Can grandparents be given custody of their grandchild in Maryland?

Grandparents can be given custody of their grandchildren in Maryland. This doesn’t necessarily happen that often, though, and Maryland courts often favor giving the parents primary custody over their children.

Although grandparents are not typically granted custody of their grandchildren in Maryland, certain circumstances may lead to this. Some of these conditions include:

• A grandparent may qualify as a de facto parent if they meet Maryland’s four-part test (including the parent’s consent to the relationship, living in the same household, taking on significant parental responsibilities, and forming a bonded parent-child relationship).
• The grandchild’s parents are unfit to take care of them. This could be due to negligence, abuse, being incarcerated, or mental illness, among many other possibilities.
• A grandparent is already taking care of their grandchild, and this grandchild is currently living with them in the same residence; among other, related possibilities.

If the conditions listed above are present, a grandparent could be given custody of their grandchildren. But these aren’t the only conditions that will be assessed. The court will often look at the following:

• The wishes of a grandchild’s parents and the wishes of the grandchild, if they are able to express them.
• Whether a grandparent is truly committed to caring for their grandchild.
• Whether a grandparent has the resources to care for their grandchild.
• The grandchild’s living situation with their parents, compared with their grandparents’ living situation.

Grandparents raising grandchildren are permitted under Maryland law, but obtaining primary custody is relatively rare.

How does child support work when grandparents have legal custody of their grandchild?

A grandparent with primary physical custody may seek child support from the child’s parents.

To obtain child support, a grandparent typically will need to file a Complaint for Child Support. The court can then look at the following:

• The financial needs of the grandchild.
• A grandchild’s current living situation.
• The parents’ ability to pay child support.

In short, child support is generally determined under Maryland’s Child Support Guidelines, based on the parents’ incomes and the child’s needs.

What are some legal tips for obtaining child visitation, child custody, and/or child support?

If you are a grandparent who would like to obtain child visitation, child custody, and/or child support, consider the following legal tips:

• Gather evidence of neglect, mistreatment, or abuse that demonstrates your grandchild’s parents are unfit to take care of them.
• Take photos/videos of you and your grandchild spending time together, demonstrating that you both share a strong bond, other forms of evidence can be useful, as well.
• Present receipts, invoices, and bills you have paid, that demonstrate the financial support you are already providing your grandchild.
• Work with a grandparents’ rights attorney who can help secure child visitation, child custody, and child support.

Work with a Maryland grandparents’ rights attorney today

At McCabe Russell Divorce and Child Custody Lawyers, we’re ready to help you pursue your legal options. Complete our online form in order to speak with one of our Maryland family law attorneys.