Legal Rights of Stepparents in Custody and Visitation

Most custody cases involve disputes and disagreements between a child’s biological parents. However, from time to time, a custody case may involve stepparents, who are typically known as third parties or de facto parents in Maryland.

While more cases involving stepparents are emerging in Columbia and other parts of the state, these cases are often challenging and complex. If you are a stepparent or your ex-spouse is a stepparent to your child and planning to go to court for child custody or visitation, please consider getting in touch with a family law attorney right away.

How prevalent are stepparents today?

According to the United States Census Bureau, over 2.4 million children in the United States had a stepparent in 2021. Stepparents are individuals who are not related to the child by biology or adoption but who married one of the child’s legally recognized parents. Sometimes, a stepparent will form a bond with the child and treat them as a family member. A person who adopts a stepchild is no longer a stepparent.

What is a third party or de facto parent?

In Maryland, stepparents can be considered third parties or de facto parents. It is essential to know and understand the differences between these two terms, which we will explain below.

1. A third party: A third party is usually a grandparent, friend, or close family member. Most of the time, stepparents are considered third parties. This means that they may have a close relationship with the child, but they do not have the legal right to request visitation or custody of the child. Instead, third-party stepparents who never adopted or were never determined to be the child’s legal guardian have no rights or obligations once a divorce is finalized.
2. De facto parent: A de facto parent is very different from a third party. These types of parents are not related to the child by adoption or biology but are treated and considered to be the child’s parent by the court. As a result, a de facto parent can seek visitation and custody of the child. Maryland requires potential de facto parents to meet certain criteria. If a stepparent develops a strong bond with the child but cannot pass the required test, they are not legally considered a de facto parent.

Do stepparents have rights when it comes to child custody and visitation?

In general, stepparents who have never adopted or been designated as a child’s legal guardian do not have any rights when it comes to child custody or visitation. However, if they can prove that they are a de facto parent instead of a third party, they may seek rights to custody and visitation. Here are the four factors that an individual must prove to be considered a de facto parent in the eyes of the law:

• The biological or adoptive parents gave consent to or encouraged and allowed the formation or establishment of the individual’s parent-like relationship with the child.
• The individual and the child lived under the same roof.
• The individual took on parental obligations by assuming responsibility for the child and taking care of their needs. This includes educational, developmental, and financial needs.
• The individual has been involved in the child’s life for a long period of time and has established a strong bond with the child. As a result, the child depends on the individual and sees them as a parent-like figure.

Are there other ways a stepparent can obtain rights to child custody or visitation in Columbia?

If a stepparent can show that they are, in fact, a de facto parent, they may be able to obtain rights to child custody or visitation in Columbia or other areas of Maryland. However, if they cannot prove that they are a de facto parent, there is another way to obtain these rights if the biological or adoptive parents are unfit. The courts usually decide custody and visitation by focusing on what is in the child’s best interests. Therefore, if a stepparent can prove that the child is unsafe or at risk in the care of the current parents, the court may consider this. Some examples of arguments that a stepparent may pursue to obtain rights to child custody or visitation include:

• The parents have abandoned the child.
• The parents have neglected the child.
• The parents have abused the child.
• The parents have a mental health issue or illness that affects their ability to provide for the child.
• The parents have an addiction that places the child in harm or danger.
• The parents have provided an unsafe environment for the child.
• The parents are engaged in dangerous activities or behaviors that could harm the child.
• The parents have proven or stated that they do not want to be responsible for caring for or providing for the child.

Even if a stepparent can prove the above-mentioned factors, they will still have a challenging time gaining rights to custody or visitation. They must have significant proof that their involvement and participation in the child’s life is beneficial and that remaining with the biological or adoptive parent could negatively impact the child’s overall safety, health, or well-being.

At McCabe Russell, PA, our family law attorneys are here to answer any of your questions and concerns related to child custody and visitation in Columbia and surrounding areas. We know and understand that families do not all look the same, so we are dedicated to ensuring that you are aware of your rights and are informed on how to pursue the legal actions you wish. Remember that every person’s case is unique and different, and there is no one-size-fits-all approach. Therefore, the next step you should take is to call our office or complete our contact form to schedule an appointment at your earliest convenience. We have offices in Fulton, Bethesda, Rockville, and Columbia.