Maryland High Court says NO to de facto parenting
In a decision with broad ramifications for nontraditional families, Maryland’s highest court ruled Monday in favor of an adoptive mother who is seeking to deny her former partner visitation rights to a child that both had cared for during their relationship.
The case deals with a lesbian couple, but it could affect step-parents and people in other kinds of relationships who have taken on parental roles but do not have biological or adoptive ties to a child. The Maryland Court of Appeals said that “de facto parenthood” is not recognized in Maryland and found that “exceptional” circumstances or a finding that a parent is unfit would be needed to overcome a legal parent’s right to the care, control and custody of a child.
The Maryland Daily Record reports: “Matt M. Paavola, who filed an amicus brief on behalf of the Family Research Council and the Alliance Defense Fund, praised the outcome of the case, saying it protects parental rights.”
A link to the opinion and digest summary is here:
Janice M . v. Margaret K ., No. 122, September Term 2006. Opinion by Bell, C.J.
Maryland law does not recognize de facto parenthood. A legal parent possesses the constitutional rights to govern the care, custody and control of his or her child. A putative de facto parent who seek s visitatio n rights over the objection of a legal parent is a third party, and, as is required of other third parties who seek visitation rights, must demonstrate exceptional circumstances as a prerequisite to a court’s consideration of the best interests of the child .
Dissenting Justice Raker begins her opinion:
I respectfully dissent. One thing is clear: the M aryland Legislature is silent w hen it comes to the question of visitation with children when a non-traditional family is dissolved. In the face of this silence, I believe that a de facto parent is different from “th ird parties” and should be treated as the equivalent of a legal parent, with the same rights and obligations.