• Gina = Grandmother;
• Doug = Dad;
• Marion = Mom;
• Pat = Partner;
• Chris and Cam = Children.

Part 1:

Attorney Carter has an upcoming meeting with a potential client, Gina, who wants to sue for custody of her grandchildren. Carter intends to focus on Gina's case at your next supervision meeting, so she's asked you to read her notes and prepare to discuss the legal issues it raises.

NOTES

Doug and Marion were previously married. They have two minor children who were born during the marriage, Chris and Cam. Gina is Marion's mother.

As adults, Doug and Marion have struggled to maintain sobriety, which led to their divorce and many different living arrangements for the kids. At different times, the children have lived with (1) Marion alone; (2) Doug alone; and (3) Doug and Pat, who is Doug's long-term romantic partner. Gina has frequently provided childcare for Chris and Cam, regardless of whom they were living with at the time.

Two years ago, Doug was sentenced to a five-year prison term. When sentenced, the children were living with him and Pat, only seeing Marion infrequently. At Doug's request, Pat agreed to care for the children while Doug was away. Since Doug's incarceration, Marion's contact with the children has continued to be infrequent, in part due to the coronavirus pandemic.

Recently, the children's school asked for documentation of Pat's authority to be making decisions for the children, so Pat filed for custody of Chris and Cam. When Marion was served, she counter-claimed for sole custody, arguing she never consented to Pat having parental authority.

Gina is concerned that the litigation will subject her grandchildren to even more instability, so she wants to obtain legal and physical custody and raise the children herself.

QUESTIONS

1. For purposes of deciding custody in Maryland, there are parents, de facto parents, and third parties.Which of these three terms best describes each of the adults in this case: Marion, Doug, Pat, and Gina? Explain your reasoning for each choice.
2. If Gina files for custody, who is most likely to prevail: Gina, Marion, or Pat? Thoroughly explain your reasoning.