De Facto Parent Maryland: The Conover Test and How Standing Works

What Is De Facto Parenthood in Maryland?

De facto parenthood is a court-recognized status that places a non-biological caregiver on equal legal footing with a natural parent for custody purposes. In Maryland, it was established by the Court of Appeals in Conover v. Conover (2016), which adopted a four-part test originally developed in Wisconsin's Holtzman v. Knott (In re H.S.H.-K.) case.

The practical significance: a person who qualifies as a de facto parent does not need to prove parental unfitness or exceptional circumstances to seek custody. They compete on level ground with the biological parent under the best-interest-of-the-child standard — a dramatically lower threshold than what other third parties face.

The Four-Part Conover Test

To establish de facto parent status, the claimant must prove all four elements:

1. The biological or adoptive parent consented to and fostered the parent-like relationship. This is not passive tolerance. The legal parent must have actively encouraged the claimant to develop a parental bond with the child — introducing them as a parent figure, delegating parental authority, and supporting the relationship.

2. The claimant and the child lived in the same household. Shared residence is a factual prerequisite. Weekend visits or regular caregiving from a separate home do not satisfy this element, no matter how close the bond.

3. The claimant assumed the obligations of parenthood without expectation of financial compensation. This means day-to-day parental duties — feeding, bathing, transporting to school, making medical decisions, providing discipline and emotional support — performed because of the parental relationship, not as a paid caregiver or nanny.

4. The claimant has been in a parental role for a length of time sufficient to have established a bonded, dependent relationship that is parental in nature. Courts look at the duration and depth of the relationship, the child's attachment, and whether the child views the claimant as a parent.

The Both-Parent Consent Rule

Subsequent cases narrowed Conover significantly. In E.N. v. T.R. (2021) and Basciano v. Foster (2022), Maryland courts held that when a child has two existing legal parents, both parents must have consented to and fostered the de facto parent relationship.

If either legal parent did not participate in creating or encouraging the parent-like bond, the de facto parenthood claim fails. The claimant then falls back to the standard third-party custody route, which requires proving parental unfitness or exceptional circumstances under McDermott v. Dougherty (2005).

This rule is particularly relevant for grandparents. If both parents are alive and one objects to the grandparent's involvement, the de facto parent path is likely unavailable regardless of how long the grandparent has been the child's primary caregiver.

De Facto Parent vs. Exceptional Circumstances

Maryland recognizes two distinct routes for non-parents seeking custody, and confusing them is a common filing mistake:

De facto parenthood (Conover) requires proving the four-part test above. If established, the claimant has equal standing with a parent and the court evaluates custody purely on best interests.

Exceptional circumstances (Ross v. Hoffman, 1977; McDermott v. Dougherty, 2005) requires showing either parental unfitness or circumstances so extraordinary that the parental presumption is overcome. Factors include how long the child has been in the third party's care, the strength of the emotional bond, the parent's delay in seeking the child, and the potential for harm if the child is returned. Only after clearing this hurdle does the court apply the best-interest standard.

Most grandparent cases proceed under exceptional circumstances rather than de facto parenthood, because the both-parent consent requirement is difficult to satisfy when the reason for kinship care is typically a parent's inability or unwillingness to provide care.

How to File a De Facto Parent Claim

A de facto parent claim in Maryland is filed as part of a Complaint for Custody (Form CC-DR-004) in the Circuit Court. The petition should explicitly allege de facto parent status and address each of the four Conover elements with specific factual allegations.

The court will typically hold a threshold hearing on standing before proceeding to the merits. Documentary evidence matters — photographs, school records listing the claimant as a parent, medical consent forms, testimony from teachers or pediatricians who observed the parental relationship.

For a detailed walkthrough of the filing process, forms, service requirements, and hearing preparation, the Maryland Guardianship and Custody Guide covers every legal pathway available to grandparents and relatives, including the de facto parent route.

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