Janice M. v. Margaret K.

Court of Appeals of Maryland · 2008 · Family Law

Family LawChild CustodyVisitationParental Rightsde facto parentthird-party visitationthird-party custodyfit legal parent

Facts

Janice M. and Margaret K. were in a committed same-sex relationship for approximately eighteen years. Janice M. adopted Maya in India, and from Maya's arrival in the United States in 1999 until the parties separated in summer 2004, Maya lived with both women and they shared most caretaking responsibilities. After the separation, Margaret K. initially had regular unsupervised visitation, but Janice M. later imposed conditions and ultimately denied all access. Margaret K. then sought custody or visitation, claiming a parental relationship with Maya.

Issue

Whether Maryland recognizes de facto parenthood and, if so, whether a person satisfying that status may obtain visitation or custody over the objection of a fit legal parent without first proving parental unfitness or exceptional circumstances. More specifically, the court considered whether a de facto parent may bypass the threshold showing required in third-party visitation and custody cases.

Rule

Maryland does not recognize de facto parenthood as a legal status for purposes of custody or visitation. In a dispute between a fit legal parent and any third party seeking custody or visitation, the court may consider the best interests of the child only after the third party first establishes either parental unfitness or exceptional circumstances; exceptional circumstances are determined case by case from all relevant facts and are not established automatically by a close psychological or parent-like bond.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

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

In Baltimore, Lena Ortiz adopted a six-year-old child as a single parent. For four years, her former live-in partner, Dana Pike, helped with homework, meals, doctor visits, and bedtime, but after their separation Lena cut off contact; the court finds Lena is a fit parent.

Under Maryland law as stated by the majority, may the court award Dana visitation solely because she acted like a parent and visitation would benefit the child?

Explanation. The majority held that Maryland does not recognize de facto parenthood as a legal status for custody or visitation. In a dispute between a fit legal parent and any third party, the court must first find parental unfitness or exceptional circumstances before considering best interests. A parent-like relationship alone is insufficient. (Derived from Janice M. v. Margaret K. (n.d.).)