MARYLAND COURT RESTRICTS GRANDPARENT
RIGHTS
In 1984, the Maryland Legislature recognized the
importance of grandparent visitation and enacted a Grandparent
Visitation Statute to afford grandparents reasonable visitation in the
best interests of the children. For more than twenty (20) years,
Maryland Courts have afforded grandparents reasonable visitation with
their grandchildren when it serves the grandchildren’s best interests,
recognizing the unique benefits grandparents can give to a child.
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Case Notes:
GRANDPARENT VISITATION
(Visitation Standard is Custody Standard)
Koshko v. Haining, No. 35, Sept. Term 2006, 2007 Md. Lexis 10
Section of Family & Juvenile Law Newsletter, May 2007
In January 12, 2007, the Court of Appeals
essentially eliminated the grandparent visitation rights that have
existed for twenty (20) years in Maryland (thankfully, after my
grandparent visitation trial on January 2, 2007). In 1984, the
Maryland Grandparent Visitation Statute, Family Law Article, §
9-102, was enacted to afford grandparents “reasonable” visitation
when it serves the grandchildren’s “best interests.” Fairbanks v.
McCarter, 330 Md. 39, 662 A.2d 121 (1993), set forth six (6)
factors to determine whether grandparent visitation is in the
grandchildren’s best interests.
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