10th Feb 2015
DO GRANDPARENTS HAVE VISITATION RIGHTS?
Maryland Annotated Code, Family Law Article, § 9-102 governs grandparent’s rights with respect to visitation.
In the state of Maryland, a grandparent can petition for visitation rights. A Court must find that visitation with the grandparent would be in the best interest of the child.
Judges presume that a visitation schedule approved by the parent is in the best interest of a child unless the grandparent can show exceptional circumstances or that a parent is unfit.
In the case of Brice vs. Brice the Supreme Court reversed a decision by a lower court which required a mother to comply with an order giving a paternal grandmother increased visitation with a grandchild. The mother was not found to be unfit by the lower court nor had she denied the paternal grandmother visitation with the child. The Supreme Court determined that the mother’s constitutional rights were violated.
The Law Office of Aileen Oliver has successfully litigated for cases for grandparents’ visitation and custody. Please call us for a consultation if you would like to learn more. (301) 650-0078