An important emerging issue in Maryland and other states in recent years involves situations in which grandparents have gone to court to seek legal custody of their grandchildren. Recently, the Maryland Court of Appeals faced a first-of-its-kind case: a matter in which the courts had to adjudicate parental unfitness within the parameters of a third-party custody request case. While the Court of Appeals ruled against the grandparents in this instance, the case nevertheless provides useful guidance about third-party custody actions and reminds us of the importance of working with a knowledgeable Maryland grandparent rights lawyer who is up-to-date on all of the newest changes in the law.
The home situation for the child at the center of the case was a turbulent one. The parents, Natasha and Mark, married in 2006 and had a son in 2008. From 2009 to 2012, the parents were two-thirds of a three-member polyamorous relationship that also included another woman. The three also used illegal drugs. By 2013, the father allegedly became violent, and the mother obtained a restraining order. The father moved out, and the mother filed for divorce. A consent agreement that was part of the divorce litigation required both parents to undergo drug testing. The father passed all of his tests, but the mother tested positive for marijuana in 2014.
Later that year, the paternal grandparents filed a request with the court, seeking to intervene in the child custody case. They argued that the court was permitted to, and should, award them custody of the child. They contended that they had been closely involved in the child’s life since birth, both emotionally (including caring for the child while the parents used drugs) and financially (including providing money that the parents used to purchase the marital home). In light of the parents’ illegal drug use, the custody of the child should go to them, they argued.