One of the important cases in Maryland is Koshko v. Haining. In this case, the Maryland statute was challenged by the parents as unconstitutional under Troxel v. Granville, which states that there is a presumption that fit parents make decisions that are in the best interest of their children. The Maryland Court of Appeals found that this presumption is "implicit" in the Maryland statute. The court further stated that in order for this presumption to be negated, there must be a finding of parental unfitness or "exceptional circumstances." The exceptional circumstances require a finding that a lack of grandparent visitation would have a detrimental effect upon the child. Although the grandparents in the case had helped raise a grandchild for three years, that was not considered an exceptional situation.
Go back to grandparents rights by state.