KOSHKO v. HAINING

No. 35, Sept. Term, 2006.

921 A.2d 171 (2007)

398 Md. 404

Glen KOSHKO, et ux. v. John HAINING, et ux.

Court of Appeals of Maryland.

Reconsideration Denied March 9, 2007.


Attorney(s) appearing for the Case

Peter T. McDowell, Towson, for petitioners.

Karen A. Wyle, Bloomington, IN, Wayne C. Griffin, Frederick, brief of The Coalition of the Restoration of Parents' Rights, for petitioners, amicus curiae.

Stephen J. Kleeman, Towson, for respondents.

Suzanne Sangree, Roscoe Jones, Jr., Francis D. Murnaghan, Jr., Stephen Ruckman, Baltimore, for Public Justice Center, L. Tracy Brown, Towson, for Women's Law Center of Maryland, Leigh Goodmark, Jane C. Murphy, for Univ. of Baltimore Family Law Clinic, David R. Rocah, Baltimore, for ACLU of Maryland, brief of the ACLU of Maryland, the Public Justice Center, the University of Baltimore School of Law Family Law Clinic, and the Women's Law Center of Maryland, amici curiae.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, GREENE and JOHN C. ELDRIDGE (retired, specially assigned), JJ.


Opinion by HARRELL, J.

This case requires us to consider a constitutional challenge to Maryland's grandparental visitation statute ("GVS"), Maryland Code (1984, 2004 Rep l. Vol.), Family Law Article § 9-102.1 Specifically, we are asked to decide whether the GVS is unconstitutional, under substantive due process analysis, because it fails to recognize a rebuttable presumption accorded the...

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