Grandparent Visitation Divorce in Maryland

Maryland law on grandparent visitation has gone through many changes. Previously a grandparent simply have to petition for reasonable visitation with their grandchild. There were no preconditions to the visitation. The outcome of the trial was solely in the court's discretion and the court decision was guided solely upon determining what was in the child's best interest. See Maryland family law § 9-102. An equity court may:(1)consider a petition for reasonable visitation of a grandchild by a grandparent; and (2)if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent. Case law in Maryland has had a very dramatic impact on section 9-102. It is important to note initially that both parents need to be made a party to the action. Presently a presumption in favor of the parents decision concerning visitation with a third party, including a grandparent, should be considered by the court. The third-party must demonstrate that there will be a current or future detriment to the child absent visitation with the third-party as a prerequisite for application of the best interests analysis.

If you have questions regarding grandparent visitation or any other matter involving personal injury, medical malpractice or family law matters please feel free to call my office at 1-888-760-7339.