Legal Question in Family Law in Maryland

Re: Rights of Granparents

The right of custody and familial relations of a natural/biological

parent with his/her child is strong and difficult to break under law.

If there is abuse, this may be another matter and, if so, report the incident

to the police or to child protective services. Grandparental visitation rights

are supported in the state of Maryland. You should contact an attorney to file

for a visitation order, or alternatively the mother may decide to agree to visitation

upon being contacted by your attorney.

If you do not yet have an attorney, contact me to discuss your case.

G. Joseph Holthaus III

(410) 799-9002

Re: Rights of Granparents

Maryland law gives grandparents the right to petition the court for visitation with a minor child when their child, the parent of the minor child, is deceased. This does not mean that automatically the petition will be granted. You would have to convince the court that it is in the child's best interest to maintain a relationship with you. A grandparents' petition for custody of the child stands little chance of success unless the custodial parent is determined to be unfit, which means that the child is in some real danger of serious harm in the parent's custody and the alternatives are the grandparents or foster care. Unless you have strong evidence to support allegations of risk to the child in his mother's care, you should think twice before attempting to take the child from the mother. You risk further damage to what sounds like an already damaged relationship between you and the mother, and this in itself may be harmful to your grandchild. If possible, you should try to improve your relationship with the mother.

Re: Rights of Granparents

Trying to obtain custody of the child is extremely difficult unless you have very strong evidence that the child is being harmed or in danger. If you believe this to be the case please call child protective services and have them investigate.

That being said Maryland does provide gradparents with the right to petition for visitation. You really should hire an attorney to pursue this, however. I have found that once the mother is contacted by the attorney representing the grandparents the mother usually agrees to visitation. You should then have your attorney draft a consent order for visitation so that you can obtain a court order for visitation rather then continue to be at her mercy for visitation.

Good luck to you!

Re: Rights of Granparents

If you suspect the child is being neglected,abused or mistreated, you should report it to child protective services. But if you want to transfer custody simply b/c she won't give you access, that would be difficult. Best shot would be for you to petition for an order allowing visitation to the grandparents. I've seen this happen many time when one spouse dies, leaving minor children,that side of the family becomes shut out from the children's life since the only connection was the deceased. Apply for an order for visitation first and see how it goes. When you say teenaged Iam assuming early teens? not 16 or 17? Call if you need further assistance. 1-800-924-6217 in Md or (301)441-3131. My name is Joe Trevino. Or ask for Karen also.