Q: In the state of Maryland Do grandparents have any rights to grandchildren if they have been the primary care giver?
In the state of Maryland, My wife and I have separated. My 2 children have lived with my parents since birth and they have provided and cared for them. My wife always wanted it that way because she would get overwhelmed and said that she couldn’t take care of them and needed help with them. So my parents have taken care of the boys. I work 14 to sixteen hours a day. My wife does not work. The age of the boys are 4 and soon to be 1 year old? The boys have lived with my parents since birth. Do my parents have any chance to be granted custody or any rights if I give them permission to keep them? Your help is deeply appreciated! Thank you!
A: You alone cannot grant them legal custody, nor limit or restrict the mother's rights. You and the birth mother together can grant custody to the grandparents by consent. In the absence of consent, however, and because your parents have been the "de facto" parents of the children since birth, there is a basis for them to petition a court to award them custody on that basis, even against the wishes of the birth mother. There are numerous factors a court will need to hear evidence upon before determining that your parents are "de facto parents" of the children and awarding them custody, so your parents should consult with an experienced family law attorney to discuss their options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
