The saying “blood is thicker than water” reflects the importance of family bonds, particularly between grandparents and grandchildren. However, when parents divorce, grandparents often find themselves caught in the middle, uncertain about their legal rights to continue their relationship with their grandchildren.
Understanding Grandparents’ Rights in Maryland
Maryland, like most states, recognizes that the parent-child relationship is constitutionally protected. This means that fit parents have the fundamental right to make decisions about their children’s upbringing, including who spends time with them. Courts are generally reluctant to interfere with these parental decisions.
That said, Maryland does provide some legal avenues for grandparents under specific circumstances.
When Can Grandparents Seek Visitation?
Under Maryland law, grandparents may petition for visitation rights, but they face significant legal hurdles. Generally, a court may consider grandparent visitation when:
The Parents Are Separated or Divorced
When parents are going through a divorce, the disruption to family relationships may create circumstances where grandparent visitation becomes a consideration.
There’s an Existing Relationship
Courts look favorably on grandparents who have established significant, ongoing relationships with their grandchildren.
The Child’s Best Interests
Ultimately, any decision about grandparent visitation must serve the child’s best interests—not the grandparents’ wishes.
The Legal Standard Is High
The U.S. Supreme Court’s decision in Troxel v. Granville (2000) established that parents have a constitutional right to direct their children’s upbringing. This means that when a fit parent objects to grandparent visitation, courts must give significant weight to that parent’s decision.
In Maryland, grandparents seeking visitation must typically demonstrate:
- An existing, meaningful relationship with the grandchild
- That visitation is in the child’s best interests
- That denying visitation would cause harm to the child
Can Grandparents Seek Custody?
In rare cases, grandparents may seek custody rather than just visitation. However, the standard is even higher:
Exceptional Circumstances Required
Grandparents must show “exceptional circumstances” before a court will even consider awarding them custody over a parent’s objection. These might include:
- Parental unfitness (substance abuse, mental illness, abuse, neglect)
- Parental consent to the custody arrangement
- The child having lived with the grandparents for an extended period
- Abandonment by the parents
Third-Party Custody Standards
If exceptional circumstances exist, the court will then determine whether custody with the grandparents serves the child’s best interests, considering the same factors used in any custody determination.
Practical Tips for Grandparents
While the legal path may be challenging, there are steps grandparents can take to protect their relationship with grandchildren:
During the Divorce
- Stay neutral in disputes between the parents
- Avoid speaking negatively about either parent to the children
- Maintain regular, consistent contact with your grandchildren
- Document your ongoing relationship
If Access Is Being Denied
- Try to resolve issues directly with the parents if possible
- Consider family mediation as an alternative to litigation
- Consult with an attorney about your specific situation
- Be patient—rushed legal action can backfire
Building Your Case
If legal action becomes necessary, having documentation of your relationship is crucial:
- Photos and records of time spent together
- Evidence of financial support or caregiving
- Communications with the grandchildren
- Testimony from others who have witnessed your relationship
What Happens in Court
If you do pursue legal action for visitation or custody, be prepared for:
- A thorough examination of your relationship with the grandchild
- Scrutiny of your motivations for seeking access
- Consideration of the parents’ objections
- Potentially a guardian ad litem being appointed to represent the child’s interests
- The possibility that the court will defer to the parents’ wishes
A Better Path Forward
In most cases, the best approach for grandparents is to work toward cooperation with the parents rather than litigation. This might involve:
- Having honest conversations about concerns
- Offering to help with childcare or transportation
- Being flexible about scheduling
- Demonstrating respect for parental decisions
- Considering family counseling to address underlying conflicts
Getting Legal Advice
If you’re a grandparent concerned about your relationship with your grandchildren during or after a divorce, the attorneys at Leffler, Bayoumi & Oliver, LLC can help you understand your options. We can evaluate your specific circumstances and advise you on the best path forward—whether that’s negotiation, mediation, or litigation.
Contact our office to schedule a consultation and discuss your situation.
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.