Grandparent Rights in Maryland During the Holidays
The holidays can make a missing grandchild feel even more missed after a divorce or falling-out has shut you out. Grandparent rights in Maryland come down to two requests, visitation and custody. Holiday schedules sit in a different place, because Maryland asks parents to work them out in a parenting plan. That raises a fair question about where a grandparent fits, and the answer starts with knowing what you can ask for.
What Rights Does a Maryland Grandparent Have at the Holidays?
A Maryland grandparent can ask a court for visitation or for custody, and those are two different requests. Visitation means scheduled time with a grandchild. Custody means responsibility for the child’s daily care and big decisions. When CPS, Child Protective Services, is involved, a third route comes into play. It’s called kinship placement, and it means a child living with a relative.
| Visitation | Custody | Kinship placement | |
|---|---|---|---|
| What you’re asking for | Scheduled time with your grandchild | Daily care and major decisions for your grandchild | Your grandchild living with you while CPS is involved |
| What the court asks first | Parental unfitness or exceptional circumstances | A parent’s rights shape the decision | Handled through DHS |
| Where to start | An agreement or mediation, then a court petition if needed | An agreement or mediation, then a court petition if needed | Maryland DHS kinship care |
Visitation Means Scheduled Time With Your Grandchild
Visitation gives you a set schedule with your grandchild, and Family Law § 9-102 lets you ask for it. Under that statute, an equity court, a type of Maryland court, may consider a grandparent’s petition for reasonable visitation. It may grant the petition if that serves the child’s best interests. The key word is “may.” A judge can hear your request without promising any particular result.
Custody Means Day-to-Day Care and Decision-Making
Custody puts a child’s daily care in your hands, along with big decisions like schooling and medical care. It’s a larger role than a visitation schedule, though a court weighs a parent’s rights in both. Some grandparents already provide much of this care informally. If that’s you, custody is the request closest to the role you already play. Parents split custody into different arrangements all the time. Our tips for successfully sharing custody explain how those arrangements work from the parent’s side.
What Does a Maryland Court Ask Before It Weighs Either Request?
For grandparent visitation, a Maryland court first needs a finding of parental unfitness or exceptional circumstances. Only then does it reach the child’s best interests. The principle behind that rule is a parent’s fundamental right to make decisions about a child’s care, custody, and control. It also influences custody decisions, so it’s wise not to assume either request begins from an easier place. Maryland’s highest court set the visitation requirement in Koshko v. Haining in 2007. A January 2026 analysis from the Department of Legislative Services still describes it as the standard.
That can sound like a high bar, and it’s fair to feel uneasy reading it. Neither threshold term has an everyday meaning you can safely guess at. Both describe what a court finds about the parents and the child’s situation. Neither reflects on you as a grandparent. An attorney can talk through where your family’s facts fall before you file anything.
How Do Holiday Schedules Get Set in Maryland?
Maryland asks parents to work out holiday schedules in a parenting plan. The state’s Parenting Plan Tool asks how holidays will be defined and gives parents three choices:
- No holiday parenting time applies.
- Holiday parenting time follows whatever the parents agree.
- A fixed holiday schedule takes priority over the regular schedule.
The form lists days such as Thanksgiving and leaves room for religious holidays and other special days. Winter and spring breaks can follow the regular schedule, alternate by year, or be divided between the parents. The instructions also ask parents how they’ll maintain the child’s relationships with family members.
Neither the form nor its instructions mention grandparents. That makes your holiday time with a grandchild a question to raise with the parents. It can also go through an agreement or mediation, or to the court under § 9-102 if that’s where your family lands. Parents who agree on a plan can file it. A court may write it into an order if it finds the plan serves the child’s best interests.
Can a Grandparent Who Raised the Child Be Treated Like a Parent?
Some grandparents can become de facto parents, meaning people who stepped into a parent’s role without being the legal parent. That can happen when these four things are true:
- A parent consented to and supported your parent-like relationship with the child.
- You and the child lived in the same household.
- You took on a parent’s responsibilities, including the child’s care and education.
- You kept that role long enough to form a bond like a parent’s.
You may never have thought of your role in legal terms. The details of your household matter a great deal. It helps to think back over who handled school, doctor visits, and everyday routines. Maryland’s highest court recognized de facto parent status in Conover v. Conover in 2016. If that sounds like your household, it’s worth mentioning when you first talk with an attorney.
What Changes When CPS Is Involved?
When a child needs out-of-home care, the Maryland Department of Human Services (DHS) can look to a relative. Placement with kin comes into play when it’s in the child’s best interests. That route is called kinship care, and DHS describes two types of kinship care, formal and informal. It’s a lot to take in while your family is already hurting.
In formal kinship care, the child is placed with a licensed kinship caregiver, so DHS is directly involved. The caregiver receives financial and emotional support from the department. If your grandchild’s situation already involves CPS, ask the agency about this option and what it asks of a relative. Informal kinship care, sometimes called a family arrangement, means a child lives with a relative or familiar adult the family chose. The agency isn’t involved. DHS says this often happens during a serious family hardship. A grandchild staying with you while a parent sorts things out is one example. That makes it worth knowing which kind describes your family before you plan around it. If you’re unsure what to ask, we can help you prepare. It’s also reasonable to write your questions down before any call, so nothing gets lost in a stressful moment.
Can Mediation or an Agreement Settle Holiday Time Without Court?
Yes. Mediation, where a neutral person helps your family reach its own agreement, is a voluntary process. You can use it before anyone files a case. A mediator doesn’t rule on the dispute the way a judge does, so your family decides what works. Families that reach an agreement can put holiday plans in writing. That can include which days your grandchild spends with you and how pickups and travel will work. Maryland’s own parenting plan form points parents to mediation before they ask a court to step in. Bringing a short list of dates to the first conversation can keep things moving. Our post on mediation for Maryland families covers how the process works. A written plan gives everyone the same schedule to follow, and the focus can stay on your grandchild. If an agreement doesn’t come together, court remains an option later.
Standing With You as You Decide What to Ask For
Holiday time with a grandchild can come from an agreement, a mediated plan, a visitation petition, a de facto parent claim, or kinship care. The right place to start depends on details only you can fill in. Who raised your grandchild and whether CPS is involved both matter. That’s a lot to sort through while you’re missing your grandchild. You don’t have to do it in one sitting. Whichever route you’re leaning toward, writing down what you know is a good first step.
We believe in standing with you and standing for you, whichever route fits your family. Reach out to our team about your situation. Your first consultation is free, and there’s no pressure to decide anything on the first call.
