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GRANDPARENTS RIGHTS

THE BURTON FIRM > GRANDPARENTS RIGHTS

Waldorf Family Law Lawyer – Grandparents Rights

In Maryland, the law looks at the “best interest” of the child standard when deciding on child custody and visitation.

Maryland courts have stated that, as protectors of children, the court has a duty to act in the best interests of the child and will remove the child from his or her parents if it is in the child’s best interests.

Waldorf Family Law LawyerThe best interest of the child standard looks at certain factors to determine what is best for the child(ren). The following is a list of some of those factors:

  1. Who is the primary caregiver;
  2. Fitness, the psychological and physical capacities of the parties seeking custody and visitation
  3. Custody agreement already in place;
  4. Ability to Maintain Family Relationships; and
  5. Material Opportunity, financial resources.

In 2007, the Court of Appeals affirmed that parents have a fundamental right to control the upbringing of their children and that grandparents or another third party may be awarded visitation only if they show that the parents are unfit or exceptional circumstances exist.

Thus, if you are a third party, such as a grandparent, seeking legal custody or visitation rights, you must show that it is in the best interest of the child or children for your request to be granted. This is a difficult burden to overcome because the court presumes that the parent is the best person to raise his or her child. In order for you to possibly be granted legal custody or visitation rights, you must show that the custodial parent is unfit or extraordinary circumstances exists. For example, the custodial parent is chemically dependent, neglects the child or children, or abuses the child or children.

If you are seeking visitation or custodial rights to your grandchildren, call The Burton Firm today. We will evaluate the facts of your case, discuss your situation, and advise you of your options. It is important to be mindful of the fact that custody and visitation matters hinge on the individual circumstances of each family. Call now and get your questions and concerns resolved.

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THE BURTON FIRM
Aubrey Burton, Jr.
6005 Old Silver Hill Road | Forestville, MD 20747
Telephone: (301) 420-5540
Fax: (888) 778-0475

Waldorf Family Law Lawyer – Grandparents Rights
Maryland family law and divorce Attorney serving Prince George’s County, Charles County, Montgomery County, Anne Arundel County and Calvert County.
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October 11, 2013