A legally married lesbian couple decided to conceive and mutually raise their child. A bitter divorce took place and the biological mother refused to allow her ex-partner to visit the child. According to Maryland law at the time, a person must be biologically related to or has legally adopted the child in order to be permitted visitation.
Calling the present state of the law “archaic”, the Court recognized that Maryland has adopted same-sex marriage and has fostered acceptance of gays and lesbians in our community. Failure to adapt the law to such changes is contrary to this attitude of acceptance.
The highest Court of Maryland has found that where a biological parent has consented to and formed a relationship with someone who lives in the same household and assumes the duties of parenthood, that person may be deemed a “de facto parent” who is entitled to visitation of that child if the relationship ends. The creation of a “family” for the child that includes a parental figure is entitled to protection under Maryland law.
Salvatore & Morton understands the significant changes that have taken place in family law. If you need help seeking visitation or custody or any other family issues, we are the office to call.