Home » Family Law Article on Third Pa…
Family Law Article on Third Party Custody
This article addresses some recent Maryland Law updates that Clients going through custody issues or Clients needing a Custody Lawyer, may want to understand. It is important for those dealing with Family Law to know this latest information regarding third party custody and visitation rights. On August 3, 2018, the Maryland Court of Appeals handed down a very important opinion regarding third party custody and visitation rights. This law has implications for custody cases and is called Kpetigo v. Kpetigo. In 2016, for the first time, the Maryland court recognized the concept of a de facto parenthood. In Conover, the Court addressed the proper legal approach to address custody of a minor child in a same sex marriage when the child is the biological child of one parent but not the other. The court said that if it is determined that the non-biological is a de facto parent according to several factors set forth in the case, the de facto parent has the same rights to seek custody as the biological parent. In Kpetigo, the new case, the de facto parent analysis was extended to a step parent. Formerly, if a step-parent or other third party wanted to seek custody or visitation rights he or she would be required to prove that the biological parent was unfit or that there existed exceptional circumstances. No longer. The Kpetigo decision states that now, in Maryland, any third party, not just a spouse in a same sex marriage, can secure custody or visitation rights of a non-biological child if they can prove that they are a de facto parent. If the non-biological party can show that his or relationship has been encouraged and facilitated by a biological parent, and that 1) the non-biological party and the child lived together in the same household and 2) the non-biological party assumed obligations of parenthood by taking significant responsibility of the child's care, education and development, including contributing towards the child's support, without expectation of financial compensation and 3) the non-biological party has been in a parental role for the length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.
This is a major change in Maryland law regarding third-party custody cases. If you have any questions regarding Family Law, Divorce or any questions regarding custody, please feel free to call or email anytime for a free consultation. We offer affordable legal guidance and can assist with all Family Law legal needs.
David Ruben, David@RubenLaw.com
Request a Free Consultation
Or, fill out the form below and an attorney will contact you as soon as possible:
I highly recommend Ruben Law Firm. Corey represented me in my case. He was very responsive, competent and focused. All team at Ruben Law Firm showed me support and made me feel comfortable during the process.
I was one of startup clients for Attorney David Rubin when I suddenly needed him to represent in the court on a single day notice and there, he was representing me right in time can never forget that to this day after 6 years. I had David Rubins cell phone and would call him for a quick response whenever needed. He was always available for me. Can talk hours for him but do not leave a chance if he is accepting your case you will never regret him having your attorney.
I was pleased with firm staffs in all level resolving my case in timely matter, there were very responsive to all my inquires if i would ever have case my first call and stop would to, and in Ruben Law Firm you would love their expertise and caring about their clients i specially want to thank Tylor who worked and help me in my case. Thank You ALL
After contacting Ruben, LAW Firm. His staff took the time and patience I needed. I am grateful to them all. It's important to say Ms. Kimberly Stanton, Legal Assistant of your firm. Was very professional, helping me. I would highly recommended your firm. A Patterson
I had an amazing experience with Ruben Law Firm! I would recommend Ruben Law for criminal and family as they have gone above and beyond to resolve my case. Always available to answer questions and provide assistance! I was very comfortable discussing my case! Special shout-out to David and Eric!
If I could, I would give them 10 STARS. Very Friendly, eager to help you. Professional quality service, If you need help, these are the people to turn too. I will always have they're number in my phone !
I can't recommend Attorney Corey highly enough! He's professional, non-judgmental, and makes navigating the legal system much less stressful. His approach is both comforting and supportive, and he takes the time to explain things clearly so you never feel left in the dark. Whether you're knowledgeable about legal matters or find them daunting, Corey is the one to turn to. He doesn't just deliver results, he makes the journey there less intimidating. Truly exceptional service!
Mr. Ruben is the attorney you want on your side! He was able to obtain the desired result for my case. I want to highlight that he is not afraid of going to trial if needed, unlike a lot of other attorneys out there who would crumble on you in the last moments - forcing you to compromise! He reviewed my case and was quite frank about possible outcomes and strategized with me; which provided me a sense of calm and confidence heading into the courtroom. I would 100% retain him again for any future legal issues I may have.
David Ruben is my savior; very professional, straight forward; works very hard for me in my legal matters. No other lawyer I would rather have, under any circumstance!
David is very good attorney and he always fights for our goals and doesn’t compromise with Opposing Counsel and works towards our best interests. He is very honest, open. easy to reach and very good in responding back. I definitely recommend David and his law firm Ruben Law firm. They are very professional.
Rueben has been an incredible lawyer. He has helped a ton throughout my child custody concerns and his biggest strong point is his responsiveness. It was always a stress relief to see when a concern would happen and I would send an email off he would respond within a day and sometimes within the hour.
I’ve been working with the Ruben Law firm since 2019. This is a firm that not only has integrity, but they get things done! The team is cost conscious, but they also work to make sure you as the client have the best possible outcome. I’m grateful that I made the switch to have Ruben Law firm represent me in my family law case.
Corey Ruben was helpful, friendly, competent, and responsive. We contacted him the day before a traffic court date and he was able to handle our case on a last minute basis. His advice was practical and forthright and the pricing was straightforward and fair. He got a great result for us and the matter is closed. We are very happy we reached out to the Ruben Law Firm.
Wonderful experience with this firm. Highly recommend!
I highly recommend Ruben Law Firm.
I wanted to share the positive call I had with Ruben Law Firm. I called looking for help with a will and my estates. I spoke with a very helpful lady named Kim. Kim took her time and answered all my questions. Kim referred me to Alyssa and told me that they would be happy to assist me. I did not feel rushed or like I was speaking to someone that just answered the phone. Kim was super helpful. I would highly recommend this firm.
I'm so thankful to have found this law firm that offers a free initial consultation to help me determine what to do next. David Ruben was very helpful, educating me in MD law as applicable to divorce cases. It was because of this consultation with him that I was able to understand the rights and responsibilities of spouses seeking divorce, that we were able to reach an amicable mutual agreement to part ways. Additionally, his website offers a series of well organized videos explaining how the law applies to the various stages of divorce cases, as well as other types of cases. This is probably one of the most related educational website available to the public.
Ruben law firm and his team were excellent. I had never been through a divorce (or even used a lawyer for anything), but the walked me through everything and answered all of my questions, even the dumb ones. They even stayed in court all day with me when the courts kept pushing the time back of the hearing. Absolutely amazing people. I'll definitely be using them again for any of my legal needs.
I must say I have used Ruben Law Firm on a few occasions and I will not go anywhere else. David Ruben and staff are very friendly and professional. Always responsive and they get the job done right the first time! If your looking for quality, reliability, personable and affordable you can't go wrong with Ruben Law Firm.
I highly recommend Ruben Law Firm. Mr. Ruben and his staff are all absolutely wonderful. They are all extremely professional and efficient. I am very thankful for all the work Mr. Ruben has done for me over the years. If I ever need an attorney again, I will definitely be using Ruben Law Firm.
I went to David Ruben seeking guidance and support as I entered a very difficult period in my life, seeking a divorce and knowing I could be facing a nasty custody battle. However, David was a beacon of hope at a time when I thought my options were limited and the likelihood of a satisfactory resolution seemed impossible. Not only did David defend me again unjust accusations, his calm and empathetic demeanor offered emotional succor to myself and those I care about most. Me and my minor child are eternally grateful for his services and I highly recommend Mr. Ruben without reservation.
I walked through the doors of Ruben Law Firm in 2016 and personally met with Mr. David Ruben. I knew nothing about him or the firm's reputation; other than the testimonials on the website. He along with his staff are top notch legal professionals, proven leaders, courteous and approachable. They do NOT judge you. I came to the Ruben Law Firm in despair and left feeling that there was hope for me if I trust them to do their job. I am a law firm professional as well and I can attest to the hard work and dedication the Ruben team will strive to provide for you, too.
I'd like to take this opportunity to express my appreciation for your services. My concerns and worries were laid to rest the first I met with you. You were sensitive and kind as you explained the law. Your approach to providing professional advice took into consideration my current and future needs, with the goal of providing me the best outcome. The process was seamless. Working with Susan was a delight. Before my hearing, she explained the process and prepared me on what to expect. Throughout, your staff earned an A+ rating for their professionalism, knowledge and promptness. I sincerely appreciate each time I could called or emailed, I'd receive a prompt reply. And, your service continued beyond the conclusion of my case. Thank you.
Ms. Parker (June 11, 2019)
David Ruben's Law Firm and staff are the Lawyers I would recommend for any legal problem. Years ago I went to David Ruben for financial advice and never to this day, regretted my decision! If I need legal advice in the future I would never hesitate going back to him. David is Honest and a Caring Lawyer that you can Trust!!
A Maryland Client! (6/2/2019)
A Maryland Client
David Ruben and staff have represented me twice. I will never go anywhere else. They are understanding, down to earth and always professional. They keep me informed each step of the way. I definitely recommend them!
Ruben Law firm really came through for me when I was at my greatest need for financial help. They made the bankruptcy process easy and understandable. I very much appreciate their service and would recommend them to anyone facing the same dilemma I was in.
I was truly Pleased with the legal services provided.
From beginning to end the firm made Sure everything went smoothly.
Mr Renato B.
We receive great and affordable legal advice from the Ruben Law firm. And when it is an area outside their expertise, They provide excellent referrals.
Doug and Susan
The Ruben Law firm gave excellent service for all my legal concerns involving a judgement of divorce. They were very patient listeners, helped clarify the positions I must take, and explained all legal procedures that would be involved. They were successful in winning my case step by step. I highly recommend them.
Your firm was a recommendation from a friend and I have made the same recommendation to others. The expertise and professionalism of your colleagues and staff is outstanding. Thank you so much for your assistance in my case. Your company far exceeded my expectations.
My daughter used Ruben Law Firm more than 10 years ago but she never forgot them because they were just that memorable! Therefore, a little over a year ago when I needed legal advice and service my thoughtful daughter referred me to Ruben Law Firm, specifically Mr. David L. Ruben. Today I can only say that my experience with Mr. David L. Ruben and the Firm was the best decision I could have ever made. They took care of my legal issues with such professionalism and in the most timely manner which made it appear as though I was their only client. I thank the entire staff, Mr. Ruben and the paralegal for handling my case and for not overcharging me for the service. Thank you!
I have used David Ruben on several occasions. First with my son and then with my husband. We were very satisfied with the service that we received. We were so impressed that we came back to use him on four (4) separate occasions. He is professional, courteous and dependable. I highly recommend him for your legal problems.
Ruben law firm is definitely the firm to go with. Everyone there is understanding and kind. I went in feeling embarrassed but when i left i had a renewed sense of confidence that they were there to help me. Amazing group of people.
I was fortunate to find your web page a few weeks back. You are a very good lawyer and a heck of a nice guy to boot. Thanks for helping me in a time of some angst. Please know how much I appreciated your immediate responses and replies including weekends and calling me back last Wed night. It is obvious what sets you apart from your peers and makes you the leader in your field.
Wow, I didn't think there are lawyers out there like Mr. Ruben. He did not talk down to me and made me feel comfortable about my very difficult situation. He always answers my calls and responds to my e-mails immediately, and he did a great job with my case. I would recommend his services to anyone.
I recently completed my bankruptcy discharge with you and I want you to know how grateful I am for the service I received from your firm. From the associates that answered the phone right up to the attorneys themselves, I always felt that I was the only client in the practice. It was not an easy road for me to declare bankruptcy but I am so glad that I trusted you with my personal issues. Thank you so much for being there in such a professional and caring way.
I have had dealings with other attorneys in the past, but what a pleasure it was to not have to chase my attorney to get a status on my case. I actually got calls on a regular basis informing me where things stood and where we were going at each stage. I don't think I had to call your office once! Your advice was always very sound, and I am so happy with my settlement.
I have no words to thank the Law Offices of David Ruben for all the attention, support and kindness you dedicated to my father. I simply cherished the services rendered. I am absolutely sure that every person who may need your services will be in excellent hands. I say that based on my own experience having my father's case handled by your office. David, you were so compassionate and I just can't thank you enough for what you've done for him. I would definitely recommend this office to whoever needs an attorney.
Mr. Ruben, Thanks Again !!! You were awesome!! When the State's Attorney started reading the police report and the Judge's face started getting all contorted and his mouth opened wide. I thought for sure they were going to lock me up! Then you did your smooth talking and I can't believe all I got was a $100 fine. I'm so grateful!! I'm really nothing like the person described on the police report! You and Tina both were very reassuring and understanding and she is definitely an asset to your firm and you are a class act! Thank You!!
I want to take this opportunity to express my gratitude for your professional assistance with my family law and divorce issues. Your expertise, service, and price were outstanding! You are highly intelligent, very intuitive and creative with a great sense of humor. Your kind assistance allowed me to feel at ease with the difficult process of divorce. I really can't say thank you enough. You're a great person for helping people in need. I wish you and your family the very best. Thank you, thank you, thank you very much.
David Ruben was my attorney during my recent divorce proceedings. His professional expertise resulted in a positive outcome to a lengthy and difficult process. He and his staff were professional, supportive and quick to respond to my questions and concerns during a stressful time. I would highly recommend him for any family law related representation or advice.
David Ruben is personable, sincere, likable and very thorough. Ruben Law firm helped me get through a divorce that my ex wanted to drag out with her over-priced lawyer. David proved to be the calm, rational, and thoroughly knowledgeable attorney you'd want (and need) in your corner. He's not combative (he is tenacious) in the courtroom and seems to be well liked by the judges. He's not arrogant and has a great sense of humor. With David, you'll get more than just expert legal representation -- you'll get someone who listens and who will respect your time and get you the best results. I would trust David with any other legal troubles I hope I never need, give him a call -- you'll be glad you did.
David Ruben is personable...
I wanted to give a huge thank you to everyone who assisted with my case. The entire process was convenient and informative. All questions or paperwork I submitted had a superior response time. Never any hangups or issues of any kind. It is a nerve-racking situation to be in and you all made it anxiety free.