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§ 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 with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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