MD HIGH COURT ENDS CHILD VISITATION FOR LESBIAN: Washington Blade

Eight months after it ruled against same-sex marriage, Maryland’s high court has dealt gay residents another blow.

In an opinion released Monday, the Maryland Court of Appeals ruled that gays who partner with a parent are not automatically entitled to child visitation rights after the couple splits.

The 6-1 opinion overturns lower court rulings that two years ago granted a Baltimore County lesbian some visitation rights after she left her partner, the parent of a now 9-year-old girl.

“This is a disastrous opinion that will very negatively impact non-biological, non-legal parents, especially many who are in same-sex couples,” said Dan Furmansky, executive director of Equality Maryland.

In its opinion, the high court acknowledges the lesbian, identified in court records as Margaret K., is a “de facto” parent because she helped raise the child during the time she was partnered with Janice M.

However, the judges say the Baltimore County Circuit Court “erred in granting visitation” to Margaret on the grounds that she was a “de facto” parent without first finding that Janice was an “unfit parent” or that other “exceptional circumstances” existed to justify the decision.

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