Once parties obtain a judgment of absolute divorce which incorporates a child custody schedule, a custodial parent may face some challenges if they want to relocate to a new location. Usually there will be a ninety (90) day notice provision that the court allows in a custody agreement that the relocating party must give to the other parent of their intention to move. The relocating party must follow each step set out in the parties’ custody order for said notification to be given. If the noncustodial parent agrees, then there would not be a need for any court intervention. If the noncustodial parent does not provide their consent, then you will need to obtain the court’s intervention and prove to the court why it is in your child’s best interest to relocate them. The relocating party will have to provide evidence as to their child’s standard of living, access to family and friends, educational opportunities, and their bond with each parent in considering whether to grant the relocation or whether to keep the custodial arrangements as is.

Before you move, it is best that you consult with an attorney and weigh your options especially if the noncustodial parent objects to the relocation. Please call us at (443) 741-2567 and we would be happy to answer all of your questions.

Discovery is a legal process that enables you to gather pertinent information from the opposing party so that you can use it at trial. The discovery process enables you to gather all of the evidence you need to prove your case and also defend any claims made against you. In family law cases, it’s very common that each party will send interrogatories, requests for production of documents, and requests for admissions. Parties may also have depositions which means one party can ask other questions under oath.

It is imperative that you complete the discovery process because failure to do so can severely hamper your case. You will not be able to present evidence to the court if you did not disclose it in discovery. Furthermore, if a party refuses to comply with discovery, the court may order them to do so if it’s brought to the court’s attention. If you have any questions about the discovery process, please call us at (443) 741-2567 and we would be happy to help.

This week, the Maryland Court of Appeals ruled that de facto parenthood requires both parents’ consent. In other words, an adult involved in a child’s upbringing cannot be considered a de facto parent with a claim for visitation or custody unless both legal parents provide consent and fostered a parent-like relationship with that adult and child.

The term “de facto parent” means “parent in fact” and is used to describe a party, other than a child’s legal parent, i.e., biological or adoptive parent, who claims custody or visitation rights based upon the party’s relationship with a non-biological, non-adopted child. Conover v. Conover, 450 Md. 51, 62 (2016). In Conover, the court outlined the criteria to consider one a de facto parent if they can show that:

1. The legal parent consented to and fostered the relationship between you and the child;

2. You have lived with the child;

3. You perform parental functions for the child to a significant degree, and

4. A parent-child bond has been forged over enough time.

Years later, in E.N. v. T.R., 471 Md. 519 (2020), the Court of Appeals had to decide whether a de facto parent relationship can be created through the fostering and consent of only one legal parent to the formation of such a relationship, without the consent of the second legal parent. The court noted that to declare the existence of de facto parenthood based on consent of only one legal parent and ignore whether second legal parent undermines that parent’s constitutional right to care, custody, and control of parent’s children.

This week’s Court of Appeal’s decision in E.N. v. T.R. raises the burden of meeting the consent element of de facto parenthood. Essentially, to be considered a de facto parent, that individual must have both of the legal parents’ consent and fostering of a parent-like relationship with that adult and child.

If you have any questions about de facto parenthood, please call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.