Involving Grandparents And Extended Family In Maryland Parenting Plans
When it comes to creating a parenting plan in Maryland, one important consideration is the role of grandparents and extended family members. At Shah & Kishore, we understand how crucial it is for children to maintain relationships with their extended family, especially in the wake of a divorce. In many cases, grandparents and other family members may wish to stay involved in a child’s life, and we are here to discuss how this can be addressed legally under Maryland divorce law.
While the primary focus of parenting plans is typically on the parents, there are instances where extended family members, including grandparents, may be granted visitation rights or be included in the parenting plan. As Maryland divorce attorneys, we want to provide you with the relevant legal information you need to understand your rights and responsibilities when it comes to involving grandparents and extended family members in your parenting plan.
Understanding The Role Of Grandparents In Maryland Parenting Plans
In Maryland, the law prioritizes the best interests of the child when deciding custody and visitation. The Maryland courts focus on the child’s relationship with their parents, but they may also consider the role of extended family members. Grandparents and other extended family members may be granted visitation rights if they can demonstrate that their relationship with their grandchild is significant and beneficial to the child’s well-being.
In Maryland, grandparents do not automatically have the same rights as parents when it comes to custody or visitation. Grandparents may request visitation if the child’s parents are divorced, separated, or deceased. However, the court must be convinced that such visitation will serve the best interests of the child.
Maryland Family Law And Grandparent Visitation Rights
Maryland law allows grandparents to petition for visitation under specific circumstances. The relevant statute governing this issue is Md. Family Law Code § 9-102. This statute provides that a grandparent may seek visitation rights under the following conditions:
- The Parents Are Divorced, Separated, or One Parent Is Deceased – If the parents are no longer together, or if one parent has passed away, grandparents can file a petition for visitation.
- The Child Has Been Residing with the Grandparents – In cases where the child has lived with the grandparents for an extended period, the grandparents may have a stronger case for seeking visitation.
- The Best Interests of the Child – The court will always consider whether granting visitation to grandparents is in the best interest of the child. This includes examining the emotional bond between the child and the grandparents, as well as the effect visitation would have on the child’s well-being.
How Maryland Courts Decide Whether To Grant Grandparent Visitation
When grandparents file a petition for visitation, Maryland courts will look at several factors to determine if visitation is in the child’s best interest. These factors include:
- The Child’s Relationship with the Grandparents – Maryland courts will consider how close the child is to the grandparents and if there is a significant relationship. For example, if the child has been living with the grandparents for an extended period of time. A relationship like this can carry weight in the decision-making process.
- The Impact of Visitation on the Child’s Well-being – The courts are more inclined to grant visitation if it would foster a positive relationship and contribute to the child’s well-being.
- The Wishes of the Parents – The courts will consider the wishes of the parents. The process can be simplified if both parents agree to grandparent visitation. However, if one parent opposes it, the court will give more weight to the parent’s objection.
Can Grandparents And Extended Family Be Included In Custody Arrangements?
While it is more common for grandparents to seek visitation rights rather than custody, there are situations where extended family members may be awarded custody. This typically happens when a child’s parents are deemed unfit or unable to care for the child, either due to neglect, abuse, or other factors that would make it unsafe for the child to live with the parents.
Under Md. Family Law Code § 9-103, a grandparent or other extended family member may be granted custody if they can demonstrate that they have been the primary caregiver for the child and that awarding custody to the parent would not be in the child’s best interest.
However, custody arrangements involving extended family members are rare, and courts are generally more likely to award custody to the parents unless there is compelling evidence that doing so would harm the child’s well-being.
What To Consider When Including Grandparents In A Parenting Plan
In Maryland, a parenting plan is designed to establish the terms of custody, visitation, and decision-making between parents. There are many factors to consider if you want to include grandparents or extended family in your parenting plan. These factors include the following:
- Avoiding Conflict – If one parent does not agree with grandparent involvement, it’s essential to find ways to resolve the conflict amicably. Mediation may be helpful in situations where there is disagreement.
- Clear Terms – It is essential to clearly define the grandparents’ role in the parenting plan. This includes specifying visitation schedules, holidays, and special occasions where the grandparents will be involved.
- Communication – Good communication between parents and grandparents is crucial to ensuring that everyone is on the same page about expectations and responsibilities.
- Flexibility – Life changes and circumstances can shift over time. It may be necessary to revisit the terms of the parenting plan periodically to ensure that it still works for everyone involved, including the grandparents.
Grandparent Visitation FAQs
Can Grandparents In Maryland Request Custody Of Their Grandchildren?
In Maryland, grandparents can request custody of their grandchildren, but this is only granted in very specific situations. Generally, the court will only grant custody to grandparents if both parents are deemed unfit or if the child has been living with the grandparents, and it is in the best interest of the child to remain in their care.
How Does A Grandparent Get Visitation Rights In Maryland?
A grandparent can petition for visitation rights in Maryland if the parents are divorced, separated, or deceased. The court will evaluate the relationship between the child and the grandparent, the child’s well-being, and the parents’ wishes before making a decision.
What If The Parents Don’t Agree To Grandparent Visitation?
If one or both parents do not agree to grandparent visitation, the court will still consider the child’s best interests. However, the parent’s wishes will carry significant weight in the decision. If one parent objects, it may be more difficult for the grandparents to gain visitation rights.
Can I Include Grandparents In A Maryland Parenting Plan?
Yes, you can include grandparents in a parenting plan. It’s important to clearly define their role in the plan, such as setting a visitation schedule and establishing boundaries. If both parents agree, this process can be easier, but if there is a dispute, mediation may be necessary.
What Happens If Grandparents And Parents Disagree About Visitation?
Disagreements between grandparents and parents about visitation can be challenging. It is essential to try to resolve the issue amicably, but if this isn’t possible, the court will step in to determine what’s in the child’s best interests. Mediation may also help resolve these disputes without going to court.
Call Our Rockville Parenting Plan Attorney For A Free Consultation
If you are considering including grandparents or extended family members in your Maryland parenting plan, it’s important that you have legal representation on your side. At Shah & Kishore, we understand the complexities of custody and visitation laws in Maryland, and we are here to help you navigate this process. To receive your free consultation, contact our Rockville parenting plan attorney at Shah & Kishore by calling (301) 315-0001. Our law firm represents clients from our Rockville office and all of Montgomery County, Maryland. Let us help you protect your rights and ensure that your child’s best interests are prioritized.