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9 Maryland opinions name it 2 courts 2008–2023 5 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Conover v. Conovergreen2 sentences2023Indeed, the de facto parent factors have limited application for establishing “standing to contest custody or visitation.” Conover, supra, 450 Md. at 85 . 2023Indeed, the de facto parent factors have limited application for establishing “standing to contest custody or visitation.” Conover, supra, 450 Md. at 85 . | 1 | 6 |
Marquez v. Caudillgreen2 sentences2022See Conover, 450 Md. at 75 (The first prong is “critical because it makes the biological or adoptive parent a participant in the creation of the psychological parent’s relationship with the child.”) (quoting Marquez, 656 S.E.2d at 744 ). 2016As the South Carolina Supreme Court explained in Marquez, 656 S.E.2d at 744 : [T]he first factor [in the H.S.H.-K. test] is critical because it makes the biological or adoptive parent a participant in the creation of the psychological parent’s relationship with the child. | 1 | 2 |
K.A.F. v. D.L.M.green2 sentences2021In K.A.F., 96 A.3d at 982-83 , the Appellate Division of the Superior Court of New Jersey concluded that the first factor of the de facto parent test requires the consent of only one legal parent and placed weight on the circumstance that the Supreme Court of New Jersey had used references to a singular “legal parent” or “the legal parent” when discussing the factor of consent. 2021In K.A.F., 96 A.3d at 982-83 , the Appellate Division of the Superior Court of New Jersey concluded that the first factor of the de facto parent test requires the consent of only one legal parent and placed weight on the circumstance that the Supreme Court of New Jersey had used references to a singular “legal parent” or “the legal parent” when discussing the factor of consent. | 1 | 1 |
In Re ELMCgreen1 sentence2008See In re E.L.M.C., 100 P.3d 546 (holding that despite Troxel , parental unfitness need not be shown). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Monroe v. Monroe
green
2 sentences2015These contentions are better addressed to the Court of Appeals, particularly since Janice M. overruled this Court’s recognition of the de facto parent doctrine. 404 Md. at 685 . 11 329 Md. at 776-77 . 2008In my view, Monroe v. Monroe, 329 Md. 758 , 621 A.2d 898 (1993), provides support for adoption of the de facto parent doctrine. | 2 | 2008–2015 |
In Re Custody of HSHK
green
1 sentence2022Conover, 450 Md. at 74 (quoting H.S.H.-K., 533 N.W.2d at 421 , 435–36).15 Here, the circuit court found that Grandmother failed to satisfy the first prong of the test, noting that this prong was “critical to the de facto parent doctrine because it ensures a biological parent continues to direct the care and custody of their child pursuant to their fundamental right under the U.S. Constitution, while also preventing mere caretakers from becoming de facto parents.” The court found that Grandmother failed to prove that Mother consented to the formation of a parent-like relationship because, altho | 1 | 2022–2022 |
Vc v. Mjb
green
1 sentence2021As we stated in Conover, 450 Md. at 74 , 748 A.2d at 447 , de facto parenthood requires the knowing participation of the legal parent. | 1 | 2021–2021 |
York v. Shows-Re
green
1 sentence2021The circumstances of this case, however, are different from those in J.B.R., 336 P.3d at 653 , in which the Court determined that the biological father’s choice to not support his daughter or to have a relationship with her for over a decade demonstrated his consent for a third party to establish a parent-like relationship with the child and that the father’s complete non-involvement in his child’s life for over a decade fostered the child’s relationship with the third party. | 1 | 2021–2021 |
Powers v. Hadden
green
1 sentence2019App. 577 , 353 A.2d 641 (1976) (custody dispute between grandparents, mother, and father), or to biological parents, see, e.g. , Conover , 450 Md. at 85 , 146 A.3d 433 (recognizing standing of a de facto parent to challenge custody). 6 Moreover, even if limited to two, the statute does not identify which two parties it covers. | 1 | 2019–2019 |
Janice M. v. Margaret K.
red
2 sentences2015In Janice M. v. Margaret K., 404 Md. 661 , 948 A.2d 73 (2008), the Court of Appeals declined to recognize the de facto parent doctrine because it would “short-circuit[ ] the requirement to show unfitness or exceptional circumstances.” Id. at 685 , 948 A.2d 73 . 2015In Janice M. v. Margaret K., 404 Md. 661 , 948 A.2d 73 (2008), the Court of Appeals declined to recognize the de facto parent doctrine because it would “short-circuit[ ] the requirement to show unfitness or exceptional circumstances.” Id. at 685 , 948 A.2d 73 . | 1 | 2015–2015 |
Troxel v. Granville
green
2 sentences2008The rationale underlying the de facto parent test is not inconsistent with Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), nor does it contradict the Supreme Court's jurisprudence, or this Court's jurisprudence, in addressing the liberty interest of parents in the care, custody, and control of their children. 2008The rationale underlying the de facto parent test is not inconsistent with Troxel v. Granville, 530 U.S. 57 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), nor does it contradict the Supreme Court's jurisprudence, or this Court's jurisprudence, in addressing the liberty interest of parents in the care, custody, and control of their children. | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.