The case E.N. v. T.R., decided by the Maryland Court of Appeals, clarifies important requirements for de facto parent status.
What The Court Decided
In E.N. v. T.R., the Maryland Court of Appeals addressed precisely what happens when a child has two legal parents. The Court held that:
- Both legal parents must consent (or foster) the establishment of a parent-like relationship unless the non-consenting parent is shown to be unfit or there are exceptional circumstances.
- That consent can be express (clearly stated) or implied, but it must be knowing and voluntary.
- The court said it’s critical to protect the constitutional rights of both legal parents to raise their children.
Why T.R. Was Denied De Facto Parent Status
In E.N. v. T.R., because one parent never consented or fostered the relationship, the Court rejected de facto parent status, even though T.R. had done many things similar to a parent.
If you are navigating parental rights or considering a de facto parent claim in Maryland, contact Wasserman White Family Law to discuss your options.