Grandparent Rights

I receive a lot of questions from grandparents asking whether they can have custody of their grandchildren. The answer is… it depends! While Maryland law allows grandparents to file for custody or visitation as a third party, it does not mean that the Court will award you the relief that you are asking for. If either parent objects to your petition, you will likely be unsuccessful. There are, of course, exceptions. If a grandparent can prove that they have been a de facto parent, or that the parent(s) are unfit, or that exceptional circumstances exist that the minor child will be harmed if the grandparent(s) doesn’t have visitation, then the Court may consider awarding the grandparent(s) custody or visitation. As always, the Court will consider the best interests of the minor child in deciding whether to grant visitation.