Janice M. v. Margaret K.

948 A.2d 73 (Md. 2008)

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Nature of the Case

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Facts

Janice and Margaret are two women who were involved in a committed same-sex relationship. The couple met in 1986, and, for most of the approximately eighteen years they were together, they lived together in a residence owned by Janice. In the summer of 2004, the parties separated, and Margaret moved out of Janice's home. During the relationship, Janice pursued adoption in India. She adopted Maya, who, in December 1999, arrived in the United States. Margaret did not ever attempt to adopt Maya. Both parties shared most duties regarding Maya's care. Following the separation, Margaret initially saw Maya between three and four times a week. Those visits were largely unsupervised. As the relationship became strained, Janice placed certain restrictions on Margaret visitation. Margaret's attorney eventually sent Janice a letter concerning visitation with Maya. Janice then denied all visitation and access to Maya. Margaret filed suit, and the court ruled that Margaret was entitled to visitation. If found that Margaret was Maya's de facto parent and, therefore, visitation would be in the best interests of Maya. Janice appealed. The intermediate appellate court affirmed the judgment of the Circuit Court and its finding that Margaret qualified as a de facto parent.