Conover v. Conover, 450 Md. 51

Summary

The Maryland Court of Appeals held that de facto parents have standing to contest custody or visitation. It ruled that de facto parents need not first establish parental unfitness or exceptional circumstances before a court applies the best-interests-of-the-child standard, overruling Janice M. v. Margaret K. The court reversed the Court of Special Appeals and remanded the case.

Holdings

1. Maryland recognizes de facto parenthood as a viable means of establishing standing to contest custody or visitation. The court overruled Janice M. v. Margaret K. to the extent it rejected de facto-parent status.
2. A person who qualifies as a de facto parent has standing to contest custody or visitation and need not independently show parental unfitness or exceptional circumstances before the trial court applies the best-interests-of-the-child standard.
3. A person seeking de facto-parent status must prove: (1) the biological or adoptive parent consented to and fostered the parent-like relationship; (2) the petitioner and child lived together in the same household; (3) the petitioner assumed significant parental responsibilities without expectation of financial compensation; and (4) the petitioner occupied a parental role long enough to establish a bonded, dependent relationship that is parental in nature.

Questions Presented

1. Whether Maryland should recognize the doctrine of de facto parenthood.
2. Whether a de facto parent has standing to contest custody or visitation without first proving parental unfitness or exceptional circumstances.
3. Whether Michelle qualified as a legal parent under Estates and Trusts § 1-208(b).

Disposition

reversed_and_remanded