Do Grandparents Have Visitation Rights in Maryland?

When grandparents are cut off from their grandchild—whether by divorce, family conflict, or the death of their adult child—they often wonder what rights they have. Grandparents' rights are always secondary to a parent's rights. But in certain cases, a judge can order grandparent visits, even over the objection of the child's parent.

Judges weigh several factors when deciding whether visitation serves the grandchild's best interests. Here's an overview of grandparent visitation rights in Maryland.

Do Grandparents Have Visitation Rights?

In Maryland, grandparents can ask an equity court for reasonable visitation with their grandchildren. However, filing a petition doesn't guarantee visitation. The U.S. Supreme Court has ruled that parents have a fundamental right to direct their children's upbringing and that a parent's decision regarding visitation with their child is presumed to be in the child's best interest. (Md. Code, Fam. Law § 9-102 (2025); Troxel v. Granville, 530 U.S. 57 (2000).)

What Do Grandparents Have to Prove to Get Visitation?

Grandparents asking for court-ordered visitation have to prove that:

• denying visitation would harm the child, or that a parent is unfit; and
• visitation is in the best interests of the child.

(Koshko v. Haining, 398 Md. 404 (2007).)

Do Grandparents Have Custody Rights?

Maryland courts begin with a strong presumption that the best custody arrangement for a child is with their parents. Any non-parent, including a grandparent, may seek custody only if they can prove that:

• a parent is unfit, or
• exceptional circumstances justify an award of custody.

(McDermott v. Dougherty, 385 Md. 320 (Court of Appeals 2005).)

Can a Grandparent Be a De Facto Parent in Maryland?

Maryland law recognizes de facto parents as people who have formed a parent-like relationship with a child and taken on daily caregiving responsibilities, even though they aren't biologically or legally the child's parent.

For a grandparent to be declared a de facto parent, all of the following requirements must be met:

• the biological or adoptive parent must have allowed the grandparent to develop a parent-like relationship with the child
• the grandparent and child must have lived together in the same household
• the grandparent must have taken on significant responsibility for the child's care, education, and development without financial compensation, and
• the grandparent must have been in a parental role for long enough to establish a bonded, dependent relationship with the child.

If a court finds these factors proven, the grandparent no longer needs to prove parental unfitness or exceptional circumstances to get custody or visitation and may be responsible for child support, just like any other legal parent.

(E.N. v. T.R., 474 Md. 346 (Court of Appeals 2021); Conover v. Conover, 450 Md. 51 (Court of Appeals 2016).)

Getting Legal Help

During tumultuous times, like death and divorce, grandparents sometimes lose access to their grandchildren. Yet, these difficult periods might be when grandchildren need their grandparents the most. Maryland law prioritizes a child's best interests while strongly protecting parents' constitutional rights to make decisions about their children's upbringing. Grandparents can petition for visitation or custody, but they face a high legal bar.

While these cases are challenging, Maryland law does offer pathways for grandparents committed to maintaining their relationships with their grandchildren. If you have questions about getting visitation or custody of your grandchildren in Maryland, contact a local family law attorney for advice.