Conover v. Conover

Court of Appeals of Maryland · 2016 · Family Law

Family LawCustodyVisitationDe Facto ParenthoodStandingde facto parentcustodyvisitation

Facts

Michelle and Brittany were in a long-term relationship, agreed to have a child through Brittany's artificial insemination, and raised Jaxon together after his birth in 2010. The parties married several months after Jaxon's birth, later separated, and Michelle continued to have overnight and weekend access to Jaxon for a period before Brittany cut off contact. In the divorce proceedings, Brittany asserted that the couple had no shared children, while Michelle sought visitation but not custody. Evidence showed that Michelle helped select the sperm donor, lived with and helped raise Jaxon, was sometimes called "Dada" or "Daddy," and that Brittany at times referred to Michelle as Jaxon's father and signed a handwritten document referring to joint custody.

Issue

Whether Maryland should recognize de facto parenthood as a basis for standing to seek custody or visitation, and if so, whether a de facto parent must first prove parental unfitness or exceptional circumstances before a court may apply a best-interests analysis.

Rule

A person who proves de facto parent status has standing to contest custody or visitation and is not treated as a mere third party required to show parental unfitness or exceptional circumstances before the court applies the best interests of the child standard. Maryland adopts the H.S.H.-K. test for de facto parenthood: (1) the biological or adoptive parent consented to and fostered the petitioner’s parent-like relationship with the child; (2) the petitioner and child lived together in the same household; (3) the petitioner assumed significant parental obligations for the child’s care, education, development, and support without expectation of financial compensation; and (4) the petitioner acted in a parental role long enough to establish a bonded, dependent, parental relationship.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Baltimore, Lena Ortiz and Marisol Vega jointly planned for Marisol to have a child by donor insemination. After the child was born, Lena lived with Marisol and the child for four years, handled daycare pickups, bedtime, medical appointments, and part of the household expenses, and was never paid for doing so. After their breakup, Marisol cut off all contact, and Lena petitioned for visitation.

Under the governing Maryland rule, which statement is most accurate?

Explanation. Maryland recognizes de facto parenthood as a basis for standing in custody and visitation disputes. A person who proves de facto parent status is not treated as a pure third party and therefore need not first show parental unfitness or exceptional circumstances before the court applies the best-interests standard. (Derived from Conover v. Conover (n.d.).)