De Facto Parents: Maryland Custody Rights for Caregivers

 Posted on October 10, 2025 in Child Custody

Custody disputes between parents can get ugly and complicated, but in Maryland, courts now recognize the concept of a "de facto parent." This is a non-biological caregiver who has taken on a parental role in the life of a child. The legal recognition of a de facto parent could include grandparents, stepparents, same-sex partners, or other caregivers. It could also allow these de facto parents to seek custody or visitation rights, even though they may not be related by adoption or blood.

Understanding how de facto parental status works is essential when custody battles extend beyond the traditional child-parent relationship. Whether you are a de facto parent seeking custody or a parent facing a custody claim by a de facto parent, it can be beneficial to speak to a Rockville, MD family law attorney.  

What is a De Facto Parent in the State of Maryland?

A de facto parent is a non-biological, non-adoptive individual who has lived with and acted as a parent to a child, creating a parent-child bond. This bond was created with the full knowledge and consent of the legal parents. There are four factors that must be demonstrated for an individual to qualify for de facto parental status:

1. The legal parent or parents of the child both consented to and encouraged the "parent-like" relationship.
2. The individual claiming de facto parental status lived with the child in the same household for a substantial time.
3. The individual assumed significant parental duties and responsibilities.
4. A deep parent-child bond was established between the individual and the child.

What Are Some Real-Life Examples of a De Facto Parent?

A stepfather who has lived with and cared for his spouse’s child for years, since the child was very young, could be considered a de facto parent and allowed to seek custody or visitation rights after a divorce. A non-biological mother who has raised a child and been a parent in all ways with her same-sex partner could claim de facto parent status, even if she were not listed on the birth certificate. A grandparent who moved in with an adult child and has taken on daily parenting duties, such as taking the child to school, attending medical appointments, and tending to the child’s daily needs, could argue for custody or visitation.   

Consequences of De Facto Parent Status

Should a Maryland court declare an individual a de facto parent, then he or she is granted standing in child custody matters, essentially being given the same legal rights as a biological parent in matters of custody and visitation. The concept of de facto parenthood in Maryland was established in the landmark case of Conover v. Conover. The case involved a same-sex couple. One was denied visitation rights with the child she helped raise from the time the baby was born, despite her significant parental role. The court adopted Wisconsin’s four-factor test to determine de facto parenthood, emphasizing the biological parent’s consent to the relationship and the child’s best interests.

Other Issues Related to De Facto Parents

When a de facto parent is officially recognized by the court, his or her standing is equal to that of biological or adoptive parents in custody and visitation issues. The de facto parent may be awarded joint custody, regular visitation, or even sole custody should that be in the best interests of the child. Biological or adoptive parents may argue against the recognition of an individual as a de facto parent to limit his or her rights. Practically speaking, de facto parent status expands rights for non-traditional families and reduces the risk of a child being separated from a primary caregiver.  

Contact a Prince George’s County, MD Child Custody Lawyer

If you are a non-biological caregiver worried about losing your relationship with a child, Maryland’s de facto parent law could provide a path to custody or visitation rights. An experienced Rockville, MD family law attorney from Diamant Gerstein, LLC can evaluate your situation, explain your options, and fight for the child’s best interests. Our attorneys have strong community ties and are very hands-on, answering calls personally. Call 301-560-2685 to schedule an initial attorney meeting. Se habla español. אנחנו מדברים עברית