Legal Question in Family Law in Maryland
Are there any visitation rights for grandparents in Maryland
My twenty four year old friend resently moved from home with his seven years old daughter (which he has full custody of.) My friend has lived at home with his mother for his entire life. His mother has supported them, helped raise his daughter and provided a stable enviroment for them both to live. The move was against his mothers advise. Because the move from his mothers house was on bad terms, my friend refuses to allow the his mother any visitation at all. Are there any laws that can assist the grandmother in her attempts to seek visitation with her grandchild? Or are all visitaion laws made to assist the parents of the children only?
3 Answers from Attorneys
Re: Are there any visitation rights for grandparents in Maryland
Yes there are Maryland laws that apply to permit grandparents
to acquire visitation rights. Call me and we can discuss
a course of action to address the issue.
G. Joseph Holthaus, Law Offices
(410) 799-9002
Re: Are there any visitation rights for grandparents in Maryland
Visitation laws are made for the benefit of the children, not the parents or grandparents. Maryland has a statute which provides that a grandparent may, in some circumstances, be able to file an action for visitation with a grandchild. In all states grandparents' visitation rights have been limited by a recent Supreme Court decision in Washington State which makes it much more difficult for a grandparent to win a visitation case where the parent is opposed. A lot of specific information about your friend's situation would be necessary to form any valid opinion about her chance of winning in a court action. If she seriously wants to pursue visitation because she believes it is important to the child (not just to herself), she should consult with an attorney who concentrates in the area of family law.
Re: Are there any visitation rights for grandparents in Maryland
Maryland has a specific statute, 9-102 permitting grandparents to petition for visitation rights, even when the child is living with both natural parents. Before visitation is granted to the grandparent, however, the court must find that visitation (i) would be in the best interest of the child (it helps to show an existing relationship with the child as an example) (ii) visitation would not interfere with the parent-child relationship.
I hope this helps. Good luck to you.