Do Stepparents Have Legal Rights When It Comes To Custody and Visitation in Maryland?

Blending families can be a beautiful experience, but when a divorce, death, or custody dispute arises, stepparents often find themselves in a confusing and emotionally difficult legal position. In Maryland, stepparents play a meaningful role in many children’s lives—sometimes as primary caregivers—yet the law does not automatically grant them the same rights as biological or adoptive parents. 

So, what are your options if you’re a stepparent seeking custody or visitation? In this guide, we will review the key information you need to know about stepparent rights in Maryland.

Maryland Law Prioritizes Biological Parents

Under Maryland law, biological and adoptive parents have a fundamental constitutional right to raise their children. Courts presume that a fit parent acts in the best interest of the child, which means that third parties—including stepparents—face an uphill battle when seeking custody or visitation if the child’s biological parents object.

In most cases, if both biological parents are involved and capable, a stepparent does not have legal standing to assert parental rights. However, there are exceptions.

What Legal Rights Do Stepparents Have in Maryland?

While Maryland does not automatically recognize stepparents as legal parents, the courts do allow stepparents to petition for custody or visitation under specific circumstances. To succeed, the stepparent must either:

Qualify as a De Facto Parent

A “de facto parent” is someone who has functioned as a parent in every way—providing daily care, emotional support, and a stable home—even though they are not biologically related. In 2016, Maryland’s high court recognized de facto parenthood as a legitimate basis for seeking custody or visitation.

To be considered a de facto parent, a stepparent must typically show:

• The biological parent consented to and fostered the relationship.
• The stepparent lived with the child.
• The stepparent took on parental responsibilities for a significant period.
• A parent-child bond was formed.

If granted de facto status, a stepparent stands on equal footing with legal parents in custody and visitation matters.

Show Exceptional Circumstances or Detriment to the Child

If the court finds that awarding custody to a biological parent would be harmful to the child or that “exceptional circumstances” exist, a stepparent could be awarded custody or visitation. This standard is difficult to meet, but it can apply in situations involving abuse, neglect, abandonment, or prolonged absence by the biological parents.

Visitation Rights for Stepparents

Even if a stepparent cannot obtain custody, they may still be granted visitation rights if the court determines it is in the child’s best interest. Maryland courts are generally cautious when awarding visitation to third parties. However, if the stepparent has played a substantial role in the child’s life, especially over an extended period, the court may grant limited visitation rights.

Adoption as a Path to Legal Rights

In some cases, a stepparent may choose to pursue stepparent adoption to gain full legal parental rights. This requires the consent of the noncustodial biological parent or a court order terminating their parental rights. Once the adoption is complete, the stepparent becomes the child’s legal parent in every respect, including custody and inheritance.

Work with Rice Law to Protect Your Role in the Child’s Life

At Rice Law, we understand the powerful bond that can form between stepparents and children, and we know how painful it can be to face separation. Our team is here to guide you through your legal options with care, experience, and determination. Whether you’re pursuing custody, visitation, or adoption, we can help you protect the relationship that matters most to you.

Contact Rice Law today to schedule a confidential consultation with our experienced legal team.