The State of Maryland has a general presumption that a minor child’s welfare is best served in the care and custody of their natural or adoptive parents. The court further presumes that a child’s parents are in the best position to determine who has access to and is entitled to visitation with their minor children.
The State of Maryland has a general presumption that a minor child’s welfare is best served in the care and custody of their natural or adoptive parents. The court further presumes that a child’s parents are in the best position to determine who has access to and is entitled to visitation with their minor children.
The Standard
For a grandparent or any other non-custodial party to obtain custody and/or visitation against the will of the natural parent, there must be a showing of an exceptional circumstance (i.e., that no visitation or custody by the grandparent or third party has or will result in harm to the minor child) or a finding of unfitness. The third party must overcome this presumption through a preponderance of the evidence (i.e. that it is more likely than not that the parent is unfit and or that exceptional circumstances exist).
After the Standard Has Been Met: Next Steps
After a court finds that exceptional circumstances exist and/or that the natural parent is unfit to make determinations about who has access to the minor child, the court reviews a host of factors that, together, are known as the “best interest of the child” standard. These factors include, but are not limited to:
Natural Parent’s Custodial Rights
Even after a third party or grandparent has been awarded custody and/or visitation, a natural parent’s custodial rights are not terminated and the parent is not precluded from seeking custody at a later time. A natural parent can also be awarded the right to visit and communicate with the child as apart of the third party’s custody award.
__________________________________________________________________
There are several factors and requirements that must be met in order for a third party or grandparent custody/visitation determination to be made. If you are a third party or a grandparent seeking custody and/or visitation of a minor child, you need an attorney who will advocate on your behalf and ensure that you meet the requirements. Schedule your free criminal consultation with Angel Murphy on Attornify. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal
}
Angel Murphy is the Founding Partner of The Murphy Law Firm, LLC. As a licensed Maryland attorney and passionate advocate, Angel takes a personal approach to lawyering by devising a creative legal strategy for each client and for each case. Angel enjoys helping her clients face and overcome ...
