As many may know, Maryland has adopted the legal doctrine of “de facto parent” to address issues of non-traditional family structures where parenting has been provided by persons who are not biologically related to a child. “De facto” is latin for “in fact,” so the phrase “de facto parent” simply means “parent in fact.” A parent in fact can be any person not related to the child or children in question including affective family members who are LGBT, a grandparent (or other relative), a stepparent or even a third party.

The question in Maryland divorce law is whether a parent in fact can have custody and visitation rights and can have child support obligations. The Maryland courts have answered the questions in the positive as the courts have recently stated that a parent in fact CAN be ordered to pay child support. McMorrow v. King, No. 875, September Term 2024. The other factors required to order child support payments must, of course, also be present such as the requirement that the best interests of the child be satisfied.

If you need help with Maryland’s complex child custody and child support rules, contact the experienced Charles County, Maryland Family Law and Child Custody Attorneys at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland and provide Child Custody and Support legal services in Charles County and other parts of Southern Maryland.

How is a de facto parent determined?

As noted, a parent in fact is one that is treated by the Maryland divorce courts as a parent of a child (or children) even if there is no biological relationship. Maryland courts have use this test to determine if a person is a parent in fact:

• Did the biological or adoptive parent(s) consent to, and foster, the formation and establishment of a parent-like relationship with the child?
• Did the parent in fact and the child live together in the same household?
• Did the parent in fact assume parent-like obligations by taking significant responsibility for the child’s care, education, and development, including contributing towards the child’s support, without expectation of financial compensation?
• Was the parent-like role undertaken for long enough to have established a bonded, dependent relationship with the child?

If the answers to these questions are generally in the affirmative, then Maryland courts will deem that a person is a parent in fact.

Note that, for now, a parent in fact must assert their status and ask for the appropriate rights that are granted by status as a parent in fact. So far, no Maryland court has imposed a parent in fact status unless the person involved has asked for the status. As noted, if a person seeks status as a parent in fact and is granted that status, that person is then “open” for having parent-like obligations imposed upon them with respect to the child or children. Principally, this means potential child support obligations.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.