Do Grandparents Have Rights in Maryland?

These days, the role of grandparents in the lives of their grandchildren holds immense significance. The special bond formed between grandparents and grandchildren is often cherished and vital in the child’s upbringing. However, when situations change, it may become necessary for a grandparent to pursue legal custody of a grandchild. This is done to preserve the important relationship between grandparent and grandchild and safeguard the child’s well-being. The decision to seek custody or access rights may arise for various reasons. It could stem from concerns about the ability of the parents to provide adequate care for the child or from existing conflicts and tensions between the grandparents and parents. Under circumstances where the parents might attempt to restrict or deny the grandparents’ access to the grandchildren, seeking court-ordered access rights becomes a way to establish and uphold the grandparents’ rights in Maryland.

Can Grandparents Ask for Access Rights?

In Maryland, the Family Law Code grants grandparents the right to petition for access rights with their grandchildren. However, it also recognizes that parents have the fundamental right to raise their children as they see fit, including making decisions about their children’s companionship and access rights.

This means that if a parent opposes grandparent access rights the courts will generally uphold their decision unless exceptional circumstances, unfitness, or a de factor parent relationship are present. In such cases, grandparents seeking access rights, or custody, must demonstrate to the Maryland courts that the parents are unfit or that denying these access rights would significantly harm the child’s best interests due to exceptional circumstances, or that they have assumed a role as a de facto parent to the children.

Can Grandparents Get Custody?

The right of parents to raise their children as they see fit places a high burden of proof on grandparents seeking custody of their grandchildren. Grandparents’ rights in Maryland are complex, and it is generally only under extraordinary circumstances that a court will rule that a parent is unfit to care for their children. Such extraordinary circumstances may include issues such as substance abuse, untreated mental illness, neglect, or abuse. As a result, the bar is set high for grandparents seeking custody, as they must demonstrate compelling reasons for the court to intervene in the parent-child relationship.

Factors the Courts Will Consider

Any grandparent who believes they can demonstrate the existence of specific factors that support their claim for child custody can initiate the process by filing a grandparent’s petition with the family court. When the court evaluates the petition, the primary focus will always be on determining and prioritizing the child’s best interests. Some of the factors that the family court may take into consideration during this evaluation include: 

• The existing relationship between the grandparent and the child
• The ability of the grandparent to provide a stable and safe environment
• Any history of abuse or neglect
• The mental and physical health of the grandparents, parents, and children
• The sincerity of the grandparent’s commitment to having custody of the children
• The preferences of the child if they are of a certain age and maturity, and 
• Any potential disruption to the child’s routine or stability

It is also important to note that the legal standing of grandparents in a custody case is on par with any other third party individual, including aunts, cousins, or even unrelated individuals. This means that grandparents do not have preferential custody rights solely based on their status as grandparents. The custody determination is based on various factors, and grandparents must establish their case based on the same criteria as any other party involved.

To Learn More About the Rights of Grandparents in Maryland, Contact Rice Law Today

If you want further information about grandparents’ rights in Maryland or how the custody process works, contact Rice Law today and speak with an experienced family law attorney on our team.