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Attorney & Mediator
Attorney & Mediator, Lawyer
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Do grandparents havevisitation rights in maryland

Customer Question

do grandparents havevisitation rights in maryland
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your question.

Grandparent visitation rights are not automatic. In Maryland a grandparent can petition the court for a visitation order. The grandparent will bear the burden of proof to show that it is in the child's best interests to be given a visitation order with a grandparent. If there is a relationship between grandparent and child, the court is persuaded in issuing a court order.

Below is a summary of the law.

Grandparent rights are governed by the Maryland Statutes, specifically § 9-102 of the Family Law Article:

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.

Maryland courts can and do order visitation to grandparents provided that the court determines that such visitation is in the best interest of the children. The court will look at various factors such as:

1. Is it in the best interest of the child?

2. What is the current and past relationship of the child with the grandparents?

3. What impact (positive or negative) will the visitation have on the child?

4. Will the visitation impact upon the educational and/or physical activities of the child?

5. To determine what is in the child’s best interest, the court will consider various factors, including the nature of the child’s relationship with the parents and grandparents, the potential benefits and detriments to granting visitation, the effect grandparent visitation would have on the child’s attachment to the family, the physical and emotional health of the parties, and the stability of the living and schooling arrangements for the child.



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Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer: replied 9 years ago.
Relist: I still need help.
I would like to know that if the grandchild is taken from their parents everything thing be alright concerning the grandparents do we have the first right to our grandchild?
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your question.

If the child is removed from the custody of both parents, the grandparents on each side are treated as the next relatives in line to be considered for relative placement if the grandparents are "fit" to take care of the children (ie. mentally, physically, economically).

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.