Family Law - Grandparent Visitation
HB0025 revises Maryland’s grandparent visitation law by changing when an equity court may consider and grant visitation rights to a grandparent, and by adding circumstances in which the court must grant visitation if the statutory findings are met. Under the bill, a court may grant visitation when the petition is filed after a parent has initiated a divorce, annulment, custody, or paternity action, and the court finds visitation is in the child’s best interests and would not interfere with the parent-child relationship. The bill also requires the court to consider the amount of prior personal contact between the grandparent and child when deciding best interests.
The bill further creates mandatory visitation authority in two situations: when the child lived with the grandparent for at least 12 months, or when the child’s parent who is the grandparent’s child is deceased. In those cases, the court must grant visitation if it finds the request is in the child’s best interests and would not interfere with the parent-child relationship. The bill also limits denial based on alleged interference unless, after a hearing, the court finds by a preponderance of the evidence that interference would occur. The act takes effect October 1, 2026.
HB0025 would amend Section 9-102 of the Maryland Family Law Article, narrowing and clarifying the standards governing grandparent visitation petitions in equity court. It shifts the statute from a general authorization for courts to consider and grant visitation in the child’s best interests to a more detailed framework that distinguishes between discretionary and mandatory visitation circumstances, and it adds an evidentiary requirement before a court may deny visitation on interference grounds. The bill directly affects grandparents, parents, children, and family law practitioners involved in custody, divorce, paternity, annulment, and visitation disputes.
No committee transcript or vote record is provided, so there is no documented floor or committee sentiment to assess from the available materials. Based on the bill text alone, the measure appears designed to strengthen grandparent visitation rights in defined circumstances while preserving the best-interests-of-the-child and parent-child relationship standards that are central to family law disputes.
The likely point of contention is the balance between grandparent access and parental autonomy. Supporters would likely view the bill as providing clearer and stronger visitation rights for grandparents, especially where a grandchild lived with them or where the grandparent’s child has died. Opponents would likely focus on the mandatory-grant provisions and the limitation on denying visitation based on interference allegations, arguing that the bill could reduce judicial discretion and intrude on a parent’s right to control a child’s associations. Because no hearing transcript is included, specific arguments from legislators or witnesses are not available.