The Maryland courts have progressively extended the rights of 3rd parties in custody cases. The most recent case, EN v. TR 247 MD App 234 (2020), outlined specific factors necessary to establish that a 3rd party is a DeFacto parent. The factors are as follows: (1) The at least one of the child’s biological parents consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the child; (2) The petitioner and the child lived together in the same household; (3) The petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care, education and development, including contributing towards the child’s support, without expectation of financial compensation; and (4) The petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.
The 3rd Party seeking custody in EN v. TR was the children’s stepmother who served as a caretaker relationship with for the children for approximately 5 years and at least one parent, the biological father had consented to the parent like relationship between the children and their stepmother TR before and after his incarceration. The stepmother was granted sole legal and sole physical custody of the children although the children’s biological mother had not consented to the parent like relationship between the stepmother and the children. The court in EN v. TR distinguished a grandparent like relationship from a DeFacto parent relationship.
EN v. TR is distinguishable from Conover in Conover since the former spouse of a child’s biological parent sought visitation with a child who she had helped raise from birth. The Court of Appeals in Conover acknowledged the status and adopted a four-part test that was similar to the factors in EN v. TR however, in Conover, the biological parent had in fact fostered the relationship between the child and the former non-biological parent.
The Law Office of Lynndolyn Mitchell is experienced in handling complex custody matters involving 3rd parties seeking to obtain or retain custody and have established a parent like relationship with the children who are subject of the litigation.
