From the Washington Blade

Lesbian 'de facto' parent wins visitation rights in Md.

by Joey DiGuglielmo

Friday, December 15, 2006

Gays in Maryland deemed "de facto" parents by state courts should have an easier time seeking visitation rights following a judge's recent ruling.

Baltimore County resident Margaret K., whose last name was not released by court order, sought custody and visitation rights for a 7-year-old girl she and her former partner, referred to in court records as Janice M., had raised. Janice M. is the child's adoptive parent but the state's Court of Special Appeals upheld a lower court's ruling on Nov. 6 that granted Margaret K. visitation rights on Wednesday evenings and alternate weekends.

Bethesda-based family law attorney Jennifer Fairfax, who focuses on gay and lesbian issues, represented Margaret K., who had not adopted the child. Fairfax says the ruling is significant for two reasons: it addresses the appropriate standard to be applied when a de facto parent seeks custody and reaffirms that a court must look at what is in the child's best interest regarding visitation in cases involving a de facto parent.

The former issue was up for debate because of a 2000 U.S. Supreme Court ruling in Troxel v. Granville that invalidated a law established by a previous Maryland case known as S.F. v. M.D. that dealt with the standards required for establishing de facto parents.

Though Margaret K. was not granted the custody she also sought, Fairfax says her client was pleased overall with the outcome.

"She was just so glad to be granted visitation rights," Fairfax said. "This is her daughter. Though she had had some access to her since the split -- they were together a really long time -- this secures her visitation rights. Clearly, she was disappointed about not getting custody, but the most important thing is being able to see her daughter."

Attorney Steve Drazin represented Janice M. and was not available for comment by press time.

Janice M. and Margaret K. were together for 19 years. Ordering last names sealed is a common court practice when a young child is involved, Fairfax said.