Home Table of Contents

§ 5-313. Petition

West's Annotated Code of MarylandFamily LawEffective: October 1, 2007

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3. Guardianship to and Adoption Through Local Department (Refs & Annos)
Part II. Guardianship (Refs & Annos)
Effective: October 1, 2007
MD Code, Family Law, § 5-313
§ 5-313. Petition
(a) Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.
(b) Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.
Age limit
(c) A petition for guardianship of an individual shall be filed before the individual attains 18 years of age.
(d) A petitioner under this section shall attach to a petition:
(1) all written consents for the guardianship that the petitioner has;
(2) if applicable:
(i) proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
(ii) certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws; and
(3) a notice of filing that:
(i) states the date on which the petition was filed;
(ii) identifies each person whose consent was filed with the petition;
(iii) states the obligation of a parent to give the juvenile court and local department notice of each change in the parent's address;
(iv) has printed on it the website that the Department maintains under § 2-302 of the Human Services Article; and
(v) includes no identifying information that would be in violation of an agreement or consent.


Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2007, c. 8, § 1, eff. Oct. 1, 2007.
MD Code, Family Law, § 5-313, MD FAMILY § 5-313
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document