Maryland recognizes that people who are neither biological nor adoptive parents can sometimes play a real “parental” role in a child’s life. But gaining legal custody or visitation rights as a non-parent is challenging, and Maryland courts have strict standards.
When Can a Non‑Parent Seek Custody?
In Maryland, a third-party (i.e. the party who is not a biological or adoptive parent) can only petition the Court for custody of a child under two circumstances:
- De Facto Parentage: The third-party can establish themselves as a “de facto parent” meaning that they have served the role of a parent to a child that is not theirs.
- Third-Party Standing: The third-party must prove that the biological/adoptive parents are unfit, or that exceptional circumstances exist so much so that the child remaining in the custody of the biological/adoptive parents will be detrimental to the child.
If you cannot satisfy one of these, the Court is unlikely to grant custody rights.
What Is the De Facto Parent Test?
To become a de facto parent in Maryland, you must meet all four factors of the test adopted by the Maryland courts. These factors come from Conover v. Conover and were reaffirmed in E.N. v. T.R.
- Consent and Fostering: The biological or adoptive parent must have consented to and fostered your parent-like relationship.
- Cohabitation: You and the child lived in the same household.
- Parental Duties: You took on real parenting responsibilities, such as education, care, and/or financial support, without expecting payment.
- Bonding Over Time: You have acted as a parent long enough to form a strong, dependent parental bond with the child.
If any one of these is missing, you may not qualify as a de facto parent. You can read more about the E.N. v. T.R. case here.
What About Parental Fitness or Exceptional Circumstances?
If both parents do not consent, a third party might still establish standing by showing:
- Parental unfitness, such as neglect, abuse, or inability to care for the child.
- Exceptional circumstances, such as situations where denying the third party custody would harm the child.
These are separate from de facto parenthood. You do not skip the four-factor test just because you can show exceptional circumstances.
Financial Responsibilities: Child Support for De Facto Parents
In McMorrow v. King, decided in 2025, the Maryland Court of Special Appeals held that a de facto parent who seeks custody or visitation may also owe child support.
- The Court applied the same four-part test from Conover.
- It determined that having parental rights, such as custody/visitation, without financial obligations would be inequitable.
- The Court’s ruling reflects a growing recognition that de facto parenting comes with both rights and responsibilities.
Key Takeaways for Non‑Parents Seeking Custody
- You generally need both legal parents’ consent unless there is unfitness or exceptional circumstances.
- Simply “acting like a parent” (even long-term) is not enough without that consent.
- If you become a de facto parent, you may owe child support, depending on the circumstances.
- Courts are careful to balance these claims with the constitutional rights of the biological or adoptive parents.
If You’re Considering This …
De facto parentage cases are legally complex. Whether you are a non-parent hoping to gain custody or a parent defending your rights, consulting a Maryland family-law attorney is strongly recommended. A lawyer can help you understand these standards, develop your case, and navigate the potential financial obligations.