Appellate decision · Maryland · Parentage · Custody
Can a child share a household with a parent who keeps another home?
In a Maryland case about de facto parenthood, the court looked at where the child received everyday care and who provided it.
Published November 6, 2026 · Reviewed by David Martino
For the first seven months of the child’s life, D.K. regularly stayed at the mother’s Maryland apartment and left for work from there. She helped pay household expenses, and the child’s doctor and daycare knew her as a parent. She also maintained a separate residence. When she sought recognition as a de facto parent, the mother challenged whether they had lived in the same household.
Maryland requires a person claiming that status to establish a shared household as one of four elements. In its October 29 reported opinion, the Appellate Court of Maryland asked what the living arrangement looked like from the child’s perspective. The second address mattered as evidence, but it could not decide the question by itself.
The court upheld the trial judge’s finding that D.K. and the child lived together. The other three elements were undisputed on appeal. The ruling explains how a caregiver can establish standing to seek custody or visitation. The award of custody still turns on the child’s best interests.