Grandparents and visiting rights in Maryland. When people divorce, more family members are usually affected than just husband and wife. For couples with children, this affects where the children live and when they see their extended family members. This can strain some family relationships. Some states have special visiting rights for grandparents so that children do not lose touch with their grandparents on either side of the family, regardless of who has custody. Maryland’s law does not provide for such dramatic provisions. Instead, it boils down to the simple concept of “fair visit” as long as it is in the best interest of the children.
This can affect families in several ways. Maryland law leaves it up to the parents to determine what the child’s best interests are and what an appropriate visit means.
When dissolving a marriage and establishing custody and visiting, it is a good idea for spouses to speak to their lawyer about their individual situations. It can be an important element to sign a custody agreement or not. In some cases, it can make things easier. In other cases, it only tarnishes the water.
Grandparents who live near their grandchildren but are related to the non-caring parent may find it more difficult to communicate with the caring parent about what an appropriate visit means. Sometimes it’s just a matter of seeing the children when they are with the parent who is not caring for them. In another scenario, a child’s parent may feel uncomfortable with the supervision of the grandparent or the lifestyle of the grandparent. In these cases, it is important that the parent who objects has evidence that the grandparents’ visit is not in the best interests of the children. Custody of grandparents in Maryland.
Maryland Courts believe that a parent has the right to raise his or her own child in accordance with the decisions of the United States Supreme Court. If a grandparent seeks termination of a parent’s parental rights, it should be prepared to bear a high burden of proof. Only in exceptional circumstances, such as abuse, neglect, mental illness, or drug or alcohol addiction, the courts in Maryland believe that a person is not suitable for parents.
Maryland law requires the family court to act in the child’s best interest, even if that means removing the child from its parents. Some of the factors that Maryland Courts consider when making this decision are the amount of time the child has been away from the birth parent, the sincerity of the parents ‘and grandparents’ desire to maintain custody of the child, the emotional impact of a custody change the child, the age of the child at which the grandparent looked after the child, and the stability of the grandparent’s life situation.
There is no “preference” of grandparents when it comes to deciding whether a third party should take custody of a child.
Grandparents have the same rights as other family members / third parties (siblings, step parents, aunts and uncles, etc.) in custody matters. The Maryland Courts will examine the close relationship between the child and the grandparent to determine whether the grandparent is the most appropriate guardian for the child.