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§ 5-318. Hearings on guardianship petition

West's Annotated Code of MarylandFamily Law

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)
MD Code, Family Law, § 5-318
§ 5-318. Hearings on guardianship petition
Consensual guardianship
(a)(1) In addition to any hearing required under this subsection or § 5-306(b)(2) of this subtitle, a juvenile court may hold a hearing before entering a guardianship order under § 5-320(a)(1) of this subtitle or otherwise ruling on a guardianship petition.
(2) If a party becomes aware, before a juvenile court rules on a guardianship petition, that a condition of consent under § 5-320(b) of this subtitle may not be fulfilled:
(i) the party promptly shall:
1. file notice with the juvenile court;
2. give notice to all of the other parties; and
3. if consent was received from a governmental unit or person who is not a party, give notice to that unit or person;
(ii) the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and
(iii) if the party, unit, or person whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall set the case in for a prompt trial on the merits of the petition.
Nonconsensual guardianship
(b) Before a juvenile court grants guardianship under § 5-320(a)(2) of this subtitle, the juvenile court shall hold a trial on the merits of the petition.
Notice of hearings
(c) Before a trial or other hearing under this section, a juvenile court shall give notice to all of the parties.


Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006.
MD Code, Family Law, § 5-318, MD FAMILY § 5-318
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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