Third Party Visitation in MD after Troxel

Brice v. Brice, 133 Md.App. 302 (2000)• Same facts as Troxel• MD grandparent statute not unconstitutional on its face

but “the statute was unconstitutionally applied to the facts in this case”

In re Tamara R, 136 Md.App. 236 (2000)• Sibling visitation ordered over fit father’s objection• “Troxel compels the court to apply a rebuttable

presumption in favor of parents who oppose a non-parent’s petition for visitation with their custodial children”

• Presumption rebutted by showing of harm

Types of Mediation

• Problem Solving

• Transformative

• Evaluative

Lawyers as Mediators• Ethical Issues: Conflicts; Confidentiality; Non-Attorney

“Practice of Law”; Mediation and Domestic Violence• Training: Varies from jurisdiction to jurisdiction

MD: -Need not be lawyer-40 hours of general mediation training plus 20 hours specialized training if

child access mediation• See: Title 17, Md. Rules Vol. 2• Practice Opportunities

- Mixing mediation with traditional law practice- Building a mediation practice

Forming Families Outside of Marriage:

Rights of Unmarried Cohabitants

Enforcing Obligations Between Adult Cohabitants

Theories of Recovery Under Marvin v. Marvin:

1. Express contract – will be enforced as long as it doesn’t rest upon unlawful consideration.

2. Implied (in fact) contract – contract arising from conduct of parties – one party contributed services or property with the expectation of receiving property and/or support in return.

Any non-contract theories of recovery for unmarried cohabitants?

• claims based on title to property(e.g. tenancy-in-common)

• constructive trust

• implied-in-law contract/unjust enrichment

Treatment of Unmarried Cohabitants by 3rd Parties

Given the same benefits as married couples?

• Historically – no governmental or employer benefits unless married

• Since 1980’s some states (HA, CA, VT) and some municipalities and private employers

extend some benefits to families formed outside of marriage

• Distinction between children and adults in families formed outside of marriage