Category Archives: Child Custody
Can a Maryland Grandparent Demand Visitation Rights After a Grandchild’s Parent Dies?
Grandparents often form a close bond with their grandchildren. This bond may be strengthened in times of tragedy or grief, such as when the grandchild’s parent dies. But how does Maryland law deal with a situation where a grandparent seeks visitation rights over the objection of the surviving parent? Appellate Court: Mother’s Death Not… Read More »
When Can a Maryland Judge Change the Last Name of a Child?
Historically, Maryland courts followed a rule that said a father had the right to have his children bear his last name. And while many people in the 2020s still follow that custom, it is no longer a strict legal mandate. Indeed, under Article 46 of the Maryland Declaration of Rights, equality under the law… Read More »
What Is the Role of “Reunification Therapy” in a Maryland Child Custody Dispute?
We all recognize that divorce is a traumatic experience for young children caught in the middle of their parents’ failing marriage. That trauma does not magically heal once the judge signs a final custody and visitation order. To the contrary, it is quite common for the child to become alienated from one or both… Read More »
How Does “Tie-Breaking Authority” Work in Maryland Child Custody Cases?
Maryland child custody law makes a distinction between physical and legal custody. Physical custody determines who the child lives with and how much time they spend with each parent. Legal custody, in contrast, deals with the division of decision-making authority. For example, if parents have shared legal custody they must agree on certain major… Read More »
Understanding “De Facto Parenthood” in Maryland Family Law
In 2016, the Maryland Court of Appeals–now the Supreme Court of Maryland–recognized a legal concept known as “de facto parenthood.” A de facto parent is someone who claims custody or visitation rights with a non-biological, non-adopted child. The case before the Court, Conover v. Conover, addressed a same-sex couple who conceived a child through… Read More »