10500 Little Patuxent Parkway, Suite 420, Columbia, Maryland 21044-3563
Site Search
Family Law Attorney in MarylandFamily Law Attorney in Maryland
Family Law Attorney in Maryland
Howard County's Divorce Lawyer
Call Us Today!
410-995-1100
  • About Us
    • Profiles
      • Attorney Profiles
      • Staff Profiles
    • Purpose of the Initial Consultation
    • Philosophy & Client Rights
    • Code of Civility
    • Legal Notices
  • Practice Areas
    • Family Law
      • Divorce Law
      • Child Custody
      • Child Support
      • Property Division
      • Paternity
    • Civil Litigation Law
      • Construction Litigation
      • Corporate Collections
    • Real Estate
      • Residential Real Estate
      • Commercial Real Estate
    • Business & Corporate Law
      • Corporations, LLCs & Partnerships
      • Formation of Business
      • Sole Proprietorship
      • Business Dissolution
  • Testimonials
  • Resources
    • FAQs
  • Blog
  • Pay Online
  • Contact Us
Menu back  

Home » Blog » Maryland Court Rules That a De Facto Parent Has Rights, Too

July 13, 2016Child Custody, Family Law

Maryland Court Rules That a De Facto Parent Has Rights, Too

Rights of a De Facto Parent | MD Child Custody

Maryland’s Highest Court Overturns 2008 Decision Regarding the Parental Rights of a De Facto Parent
(Columbia, MD) A de facto parent is a person considered by the court to have assumed the role of parent to a non-biological child. To qualify as a de facto parent, the person must prove that they have lived with, raised and provided for the child on a consistent, day-to-day basis for a substantial period of time.

On July 7th, 2016, Maryland’s highest court overturned a 2008 decision and issued a unanimous ruling stating that non-biological parents who live with and help raise children do, in fact, have parental rights. The Maryland Court of Appeals ruled that in child custody and visitation cases, family court judges should consider whether a person is a de facto parent.

Who is Considered a De Facto Parent?

According to The Washington Post, examples of a de facto parent can include:

  • The partner of a lesbian woman who conceived a child through artificial insemination;
  • The partner of a gay man who adopted a child from a country that does not allow joint adoption by same-sex couples;
  • A straight man who has raised a child with a woman for years without formal adoption (and vice versa).

Impact on the LGBT Community

Last week’s ruling is particularly significant for the LGBT community; advocates view the court’s ruling as a huge win and a correction of injustice. Prior to the court’s 2008 decision, non-biological parents who lived with and helped raise children were generally able to maintain some parental rights in the State of Maryland even their relationship with the children’s biological parent ended. However, the 2008 decision, which ruled that these “third party” parents should be treated the same as any other third parties seeking custody, proved to be devastating to many same-sex couples.

In last week’s case, a lesbian woman now identifying as a transgender man, was found to have the parental standing to seek visitation rights to a child conceived by her lesbian ex-spouse via artificial insemination before they were legally married. Despite the fact that he never legally adopted the child during the marriage, the court established that the plaintiff was a de facto parent to the child.

In the majority opinion, Judge Sally Adkins wrote: “Gays and lesbians are particularly ‘ill-served by rigid definitions of parenthood’…When gay or lesbian relationships end, at least one member will find itself in a court system ill-prepared to recognize its existence and to formulate rules to resolve its disputes.”

For Professional Advice About Child Custody, Schedule a $99 No-Risk Initial Consultation with Howard County Divorce Laywer Fred L. Coover, Esq.

Howard County Family Law Attorney Fred L. Coover, Esquire of Coover Law Firm, LLC in Columbia, MD has been helping families navigate through difficult situations for over 30 years. If you need professional, experienced legal guidance in the areas of separation & divorce, child support, child custody, and/or visitation, call Coover Law Firm, LLC today at (410) 995-1100 to schedule your consultation.

Disclaimer: The information in this blog post is provided for general educational & informational purposes only. It is not intended to convey legal advice or serve as a substitute for legal counsel on any subject matter. 

Coover Law Firm, LLC serves clients in Howard County, Maryland and beyond, including Columbia MD, Ellicott City MD, Elkridge MD, Clarksville MD, Glenwood MD, Glenelg MD, Sykesville MD and more.

child custodyde facto parentdivorce lawyergay
Related posts
moving out of state with child no custody agreement
Can I move out of Maryland with my child if I do not have a custody agreement?
February 7, 2023
business division in divorce
What you need to know about dividing a business in a Maryland divorce
January 26, 2023
spouse refuses to negotiate divorce
What to do if your spouse refuses to negotiate divorce
December 20, 2022
hiding assets during divorce
Ways your spouse may be hiding assets in your divorce
November 16, 2022
co parenting with narcissist
8 Signs You’re Co-Parenting With a Narcissist
September 22, 2022
do prenups hold up in court
3 Situations Where Prenups Don’t Hold Up in Court
August 15, 2022

Footer map

10500 Little Patuxent Parkway, Ste. 420
Columbia, Maryland 21044-3563
  • local: 410-995-1100
  • fax: 410-997-7896

Coover Law Firm, LLC is located in Columbia, MD and serves clients in and around Howard County, Anne Arundel County, Carroll County and Frederick County.


Law Firm SEO by EverSpark Interactive
Coover Footer Map