Don’t confuse ‘de facto parenthood’ with ‘exceptional circumstances,’ court says; decision ‘spot-on,’ says Scott Ghormley, family law attorney at Rose Law Group

By Steve Lash | Daily Record Legal Affairs

An adult intimately involved in a child’s upbringing cannot be deemed a “de facto parent” with a claim to visitation or custody unless both of the youngster’s legal parents consented to and fostered the child’s parent-like relationship with the individual – regardless of how neglectful the parents might have been, Maryland’s second-highest court has ruled.

But custody may still be transferred if the individual who sought de facto parenthood can show that “exceptional circumstances” – such as neglect – warrant the transfer in the child’s best interest, the Court of Special Appeals stated in a reported 3-0 decision this month.

In its ruling, the court overturned a judge’s award of de facto parenthood to a child’s maternal grandparents, with whom the boy was been sent to live, after concluding his parents had impliedly consented to the parent-like relationship by neglecting him.

The court, however, upheld the judge’s custody award to the grandparents based on the exceptional circumstance of neglect.

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“The Court of Special Appeals’ decision in this case was spot-on. Legal parents have a constitutional right to determine their children’s needs and make decisions for their children. But when a parent’s ability to make those decisions in the children’s best interests is compromised, steps must be taken to protect the children. However, a transfer of custody due to exceptional circumstances should not grant temporary guardians the same constitutional rights given to a biological parent.”

Scott Ghormley, family law attorney at Rose Law Group

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