When Can Grandparents Seek Custody of Grandchildren?

Family isn’t always simple. Sometimes, it’s downright complicated. And when parents aren’t able–or willing–to care for their children, grandparents often step in. But what happens when that temporary care needs to become something more permanent? Can grandparents in Maryland actually seek custody of their grandchildren?

The short answer: yes, but it’s not easy.

In Maryland, grandparents’ rights exist, but they are limited and often misunderstood. The courts prioritize a parent’s rights to raise their children. There are several circumstances, nevertheless, whereby a grandmother or grandfather might be granted custody. This blog dissects those circumstances, the legal system, and Maryland courts’ conversations for custody decisions involving grandparents.

Let’s dive in.

What are grandparents’ rights in Maryland?

Grandparents’ rights in Maryland are those legal rights of a grandparent to pursue custody or visitation of their grandchildren under specific criteria. But there’s a catch: courts don’t automatically grant these rights. In fact, Maryland law assumes that a parent’s decision regarding custody or visitation is in the best interest of the child. Grandparents are “third-parties” in custody cases, which makes it more challenging to succeed.

In light of that, how does it impact grandparents?

To win grandparents’ rights, you’ll have to show the following:

• An unfit parent

OR

• Rare and extraordinary situations

Maryland courts have consistently reinforced these requirements, making it clear that a grandparent must show more than just a strong bond or desire to be involved. There must be a strong argument–something significant enough to challenge the notion that the parents’ choice is optimal for the child.

When can grandparents seek custody?

There’s no one-size-fits-all answer. But certain situations may give grandparents stronger legal standing to seek custody. Here are the most common:

1. Parental unfitness

If a parent is abusive, neglectful, or struggling with addiction, they may be deemed unfit. Maryland courts define “unfit” as behavior that puts a child at risk of harm. That harm can be physical, emotional, or psychological.

Evidence might include police reports, Child Protective Services records, or testimony from teachers and medical professionals.

2. Death or incapacitation of parents

If both parents have died or are physically or mentally unable to care for their child, grandparents are often the next logical caregivers. In these tragic situations, courts may be more open to awarding custody to grandparents, especially if there’s an established relationship.

3. Abandonment

If a parent has abandoned the child–meaning no contact, no support, and no involvement for a significant amount of time–grandparent may have a stronger case. Still they will need to demonstrate that the parent is unfit or that exceptional circumstances justify intervention.

4. Incarceration

If a parent is incarcerated and there’s no other fit parent available, grandparents may step in to seek custody, either temporarily or permanently.

5. Ongoing legal disputes or divorce

During a heated custody battle, especially when both parents are deemed unstable or unavailable, grandparents can intervene. But remember, this is rarely the court’s first choice. The burden of proof still lies with the grandparent.

Legal standards for granting custody to grandparents

Maryland courts look at multiple factors when deciding whether to award custody to a grandparent. It’s not just about love or connection. It’s about what’s legally provable.

Some of the things judges will weigh include:

• Has the grandparent been a consistent part of the child’s life?
• Is there a strong, positive bond?
• Can the grandparent provide a stable, safe home?
• Has the grandparent served as the primary caregiver in the past?
• Is there evidence of the parents’ unfitness or harm to the child?

Another major consideration: the child’s best interests. This is the golden standard in Maryland family law. The judge will always ask, “What outcome is best for this child in the long run?”.

How to seek custody as a grandparent in Maryland

The process of gaining custody starts with filing a petition in family court. But here’s the truth: legal paperwork is just the beginning.

Here’s what the general process looks like:

• File a petition for custody: You must file in the circuit court of the county where the child resides. Be clear and thorough in explaining why you’re seeking custody.
• Gather evidence: Courts don’t make custody decisions based on feelings. You’ll need documentation—text messages, photos, affidavits from third parties, school or medical records, etc.
• Attend hearings or mediation: You may be asked to attend mediation or multiple court hearings. Be ready to answer questions about your relationship with the child, the parents’ history, and your ability to provide care.
• Home study or evaluation: In some cases, the court may order a home study to evaluate your living situation. They may also interview the child (depending on age) or order a psychological evaluation.

It’s strongly recommended to work with an experienced family law attorney, one who understands the ins and outs of grandparents’ rights in Maryland.

Tips for grandparents considering custody

Before you take legal action, take a step back. Ask yourself: is this truly the best choice for the child?

If the answer is yes, here are a few tips to prepare:

• Keep a record of your involvement in the child’s life, including dates, activities, and times you’ve provided care.
• Be consistent. If you’ve been in and out of the child’s life, that may work against you.
• Avoid conflict with the parents, if possible. Courts prefer cooperative arrangements.
• Put the child first. Your relationship with the parents matters, but the child’s needs come first.

Take the next step to protect your grandchild

Seeking custody of a grandchild is never easy. It’s not just a legal journey—it’s an emotional one. And Maryland law makes it clear that the path isn’t a straight one for grandparents. Courts start with the belief that parents should raise their children. Overcoming that presumption requires strong evidence, patience, and often, legal help.

But in the right circumstances—when a child’s wellbeing is at stake—grandparents can step in. And when they do, they often provide the love, stability, and support that every child deserves.

At McCabe Russell Divorce and Child Custody Lawyers, our family law attorneys are here to answer any of your questions and concerns related to child custody and visitation in Columbia and surrounding areas. We know and understand that families do not all look the same, so we are dedicated to ensuring that you are aware of your rights and are informed on how to pursue the legal actions you wish. Remember that every person’s case is unique and different, and there is no one-size-fits-all approach. Therefore, the next step you should take is to call our office or complete our contact form to schedule an appointment at your earliest convenience. We have offices in Fulton, Bethesda, Rockville, and Columbia.

You’re not alone. And your role in your grandchild’s life may be more important than ever.