This week, the Maryland Court of Appeals ruled that de facto parenthood requires both parents’ consent. In other words, an adult involved in a child’s upbringing cannot be considered a de facto parent with a claim for visitation or custody unless both legal parents provide consent and fostered a parent-like relationship with that adult and child.

The term “de facto parent” means “parent in fact” and is used to describe a party, other than a child’s legal parent, i.e., biological or adoptive parent, who claims custody or visitation rights based upon the party’s relationship with a non-biological, non-adopted child. Conover v. Conover, 450 Md. 51, 62 (2016). In Conover, the court outlined the criteria to consider one a de facto parent if they can show that:

1. The legal parent consented to and fostered the relationship between you and the child;

2. You have lived with the child;

3. You perform parental functions for the child to a significant degree, and

4. A parent-child bond has been forged over enough time.

Years later, in E.N. v. T.R., 471 Md. 519 (2020), the Court of Appeals had to decide whether a de facto parent relationship can be created through the fostering and consent of only one legal parent to the formation of such a relationship, without the consent of the second legal parent. The court noted that to declare the existence of de facto parenthood based on consent of only one legal parent and ignore whether second legal parent undermines that parent’s constitutional right to care, custody, and control of parent’s children.

This week’s Court of Appeal’s decision in E.N. v. T.R. raises the burden of meeting the consent element of de facto parenthood. Essentially, to be considered a de facto parent, that individual must have both of the legal parents’ consent and fostering of a parent-like relationship with that adult and child.

If you have any questions about de facto parenthood, please call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.

If you are going through a complex family law case, you may be surprised to learn that the use of an expert witness may be necessary at trial. The use of an expert witness may be of extreme importance in highly contested child custody cases, alimony cases, and/or marital property division matters (which include business valuation cases). An expert witness can help you prove the facts of your case.

You may be asking how does the court decide if an expert witness’s testimony is admissible or inadmissible? The trial judge has to assess whether that expert witness’s scientific testimony is based on scientifically valid reasoning that can properly be applied to the facts at issue. This standard comes from the seminal case, Daubert v. Merrell Dow Pharmaceuticals Inc. 509 U.S. 579 (1993). Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: 

1. Whether the theory or technique in question can be and has been tested;

2. Whether it has been subjected to peer review and publication;

3. Its known or potential error rate;

4. The existence and maintenance of standards controlling its operation; and

5. Whether it has attracted widespread acceptance within a relevant scientific community.

An expert’s opinion will be inadmissible if their testimony is not a result of reliable methods based on the above-listed criteria. It is your burden to prove that the expert’s testimony is not junk science and should be heard as substantive testimony. Due to the complexity of these matters, it is imperative that you have an experienced attorney who can handle your case. Ms. Kurtom is experienced in handling cases involving either the use of expert witness or disqualifying them for their failure to meet the above criteria. Give us a call today at (443) 741-2567 and we would be happy to discuss your case with you.

Parental alienation is when a parent turns a child against the other parent, therefore causing the child to become hostile and resistant towards the alienated parent. Parental alienation occurs in many ways which include making degrading comments about their other parent, asking intrusive questions of the child when they are with their other parent, giving the child the impression that their other parent does not love them, involving the child in adult matters, limiting and/or restricting visitation and contact with their other parent, and making negative comments about their other parent. These behaviors leads to the child rejecting or not wanting to spend time with the alienated parent.

If your child is a victim of parental alienation, they will demonstrate symptoms such as:

1. Being distant towards the other parent;

2. Showing hate towards the alienated parent;

3. Being silent around the alienated parent;

4. Disrespecting the alienated parent and showing deference to the other parent; and

5. Retaliating or disrespecting the alienated parent.

The alienated parent can seek the court’s intervention to make sure that their relationship with their child is restored if it is safe and in the best interest of the child to do so. Each case is unique and complex and the court is aware of how difficult these matters are. The court may order therapy and have other child care professionals get involved to assist the family. If you believe that your child is suffering from parental alienation, please contact us at (443) 741-2567 and we will help you seek the court’s intervention.