JUST IN! De Facto Parents are Obligated to Financially Support Children

Over the last decade, Maryland Appellate Courts have been establishing and refining third-party standing in child custody cases, including what it means to be a de facto parent in Maryland and who qualifies. In Maryland, a de facto parent is an adult other than the child’s legal parents (whether they are biological or adopted) who, based on their relationship with the child, claims standing to request custody or visitation with the child through the court. Under the current Maryland laws, for a person to obtain de facto parent status, they must prove to the court:

1. That the legal parents consented to, and fostered, the establishment of a parent-like relationship between the petitioner (the person who is asking to be a de facto parent) and the child. Note: so long as the legal parents are fit, both parents must have consented to the establishment of the parent-like relationship between petitioner and the child;
2. The petitioner and the child live/lived together in the same household;
3. The petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care, education and development; and
4. The petitioner was in that parent-like relationship role long enough to establish a bonded, dependent relationship with the child.

See: Conover v. Conover (2016) and E.N. v. T.R (2021).

If the petitioner is able to satisfy the 4-prong test above, then the court can declare them a de facto parent of the child, giving the petitioner standing to request or contest custody/visitation of the child without having to prove that the parents are unfit or exceptional circumstances exist. A de facto parent essentially stands on equal footing with the child’s legal parents. While there has been significant development of de facto parents standing, and third-party custody standing in general over the last 10 years, there was little to no development with regard to child support in third-party custody cases, and the issue was handled differently in circuit court cases all over Maryland.

Now, we are starting to get some guidance. On March 5, 2025, in a case of first impression, the Appellate Court of Maryland held that a person who is awarded de facto parent standing in a case also has an obligation to financially support the child. Katelyn McMorrow v. Vernon King, III, 264 Md. App. 708 (2025). The Appellate Court reasoned that “as with any other parent, whether biological or adoptive, a de facto parent who exercises his rights to custody and visitation with a minor child must shoulder a corresponding duty to support that child.” Id. at 736. The Appellate Court caveats the de facto parent’s duty to support the child as “subject to a best interest of the child analysis.” Id. at 732.

The McMorrow ruling is the first case to create a clear obligation that de facto parents have a responsibility to support the child, subject to the best interest analysis. However, the language in the McMorrow ruling is narrowly tailored in that it is specific to de facto parents. It is unclear if the obligation to support a child would extend to any third-party suing for custody/access via other paths to obtain standing (such as a claim of unfitness or exceptional circumstances). The determination that because a de facto parent has the same standing as a legal parent, without having to prove unfitness or exceptional circumstances, seems to leave room that other third-party custodians under other circumstances may not have an obligation to financially support the child in their care, although in almost every case the third-party custodians take on significant financial costs for the child. The McMorrow ruling will certainly lead to additional cases regarding financial support in third-party cases.

However, since the McMorrow ruling is so new, it could be years until there is further guidance or determination with regard to third-party custody cases. The questions of who else may owe a duty of support in third party custody cases, if special considerations may exist when looking at the best interest analysis, and, what does the financial support look like, remain unanswered. There is also the outstanding question of if the court will calculate child support using a de facto parent’s income, will the child support guidelines be used and how will the amount be calculated in various circumstances. Until we have more guidance, it is likely the inconsistency from county to county will continue, just with confirmation that de facto parents can be obligated to contribute support to the child. This is something that we will be following closely as third-party custody cases are becoming more prevalent throughout Maryland.

Please note that third-party custody has several paths for a third-party to gain custody of a child. Being a de facto parent is just one of those paths and in many cases the paths overlap. This is also an area of law that has developed quickly through the courts over the last 10 years and is continuing to evolve. If you are considering a third-party custody claim, or are concerned about a third party trying to make a claim for your child, you should consult an experienced Maryland attorney to discuss your rights and help you make the best decision moving forward. The attorneys at Weinberg & Schwartz are experienced in handling such cases and we would be more than happy to meet with you.