In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maryland Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
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US-01122BG
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How to fill out Affidavit By Grandparents In Support Of Petition By Grandparents For Visitation Rights With The Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
Under Maryland Family Code §9-102, grandparents have the legal right to request reasonable visitation with their grandchildren at any time.
In Maryland, in the case of the parents not being married then the mother has sole legal and physical custody of the child, until the father can prove he is, in fact, the father. When it comes to child custody the same laws that apply to divorcing guardian apply to unmarried parents.
Most importantly, a de facto parent has same rights and status as a biological or adoptive parent. Maryland initially recognized the concept of a de facto parent in the context of two married females who were raising a child together without obtaining a second-parent adoption.
A de facto parent is a person who has assumed the everyday role of parent to the child. With de facto parents, the court has found that the person has met the physical and psychological needs of the child for a significant period of time.
There are two types of custody in Maryland: legal custody and physical custody. The parties can jointly hold legal custody, or one party may be given sole legal custody of the child.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
Grandparents requesting custody of or visitation with their grandchildren must file a 'petition' with the court. The petition must state why it would be in the children's best interest to be in the care of, or spend time with, you as the grandparent.
A de facto parent is a third party that has a right to challenge custody or visitation rights without the need to show parental unfitness or exceptional circumstances.