RULE 10-402. PETITION BY PARENT
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 10-402
RULE 10-402. PETITION BY PARENT
(a) Filing of Petition. Except for a petition filed by a standby guardian in accordance with Rule 10-403, a petition for the judicial appointment of a standby guardian of the person or property of a minor shall be filed by a parent of the minor. The petition shall contain the consent of each person having parental rights over the minor, unless a statement pursuant to subsection (c)(14) of this Rule is included in the petition.
Cross reference: For the powers of a guardian of the person of a minor, see Code, Estates and Trusts Article, § 13-702. For the powers of a guardian of the property, see Code, Estates and Trusts Article, § 15-102.
(12) A statement (A) whether the standby guardian has been convicted of a crime listed in Code, Estates and Trusts Article, § 11-114 or any such charge is currently pending against the standby guardian, and (B) if the standby guardian has been convicted of such a crime, the charge for which the standby guardian was convicted, the year of the conviction, the court in which the conviction occurred, and any good cause for the appointment, if applicable under § 11-114 (b);
Cross reference: Code, Estates and Trust Article, § 13-906.
Cross reference: Code, Estates and Trusts Article, § 13-903 (a).
(16) If a person having parental rights does not join in the petition, a statement to that effect and the following information, to the extent known: (A) the identity of the person, (B) if the identity of the person is not known, what efforts were made to identify and locate the person, and (C) if the identity of the person is known, the reasons the person did not join the petition, if known, and a description of the efforts made to inform the person about the petition; and
(1) Unless the court orders otherwise, the petitioner shall send by ordinary mail and by certified mail to all interested persons whose whereabouts are known a copy of the petition and a “Notice to Interested Persons” pursuant to section (e) of this Rule. Service upon a minor under the age of ten years may be waived provided that the other service requirements of this section are met.
(2) If the court is satisfied that the petitioner, after reasonable efforts made in good faith, has been unable to ascertain the whereabouts of a person having parental rights, the court may order, as to that individual, that the “Notice to Interested Persons Whose Whereabouts are Unknown,” which is set out in section (f) of this Rule, be published one time in the county of that individual's last known residence or be posted at that county's courthouse door or on a bulletin board within its immediate vicinity.
In the Matter of | In the Circuit Court for |
(Name of minor) | (County) |
(Date of notice) | (docket reference) |
NOTICE TO INTERESTED PERSONS
A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of _______, a minor.
You are receiving this because you are related to or otherwise concerned with the welfare of the minor.
Please examine the attached papers carefully.
If you object to the appointment of a standby guardian, please file a response with the court at
(address of courthouse)
no later than 30 days after the date of issue of this Notice. (Be sure to include the case number.) If a response is not received by the court, the court may rule on the petition without a hearing. If you wish to participate in this proceeding in any way, notify the court and be prepared to attend any hearing.
CERTIFICATE OF SERVICE
I certify that a copy of the petition and the “Notice to Interested Persons” was mailed, by ordinary mail, postage prepaid, and by certified mail, postage prepaid and return receipt requested, this
____
day of
_______
, to
at
.
Petitioner
Name (printed)
Address
Telephone Number
In the Matter of | In the Circuit Court for |
(Name of minor) | (County) |
(Date of notice) | (docket reference) |
NOTICE TO INTERESTED PERSONS WHOSE WHEREABOUTS ARE UNKNOWN
A petition has been filed seeking the appointment of a standby guardian of the [person] [property] [person and property] of _______, who is alleged to be a minor.
If you are related to or otherwise concerned with the welfare of the minor, you may obtain further information from the court at
.
(address of courthouse)
Any response must be received by the court no later than 30 days after the date of issue of this Notice.
Source: This Rule is new.
Credits
[Adopted Feb. 10, 1998, eff. July 1, 1998. Amended Dec. 4, 2018, eff. Jan. 1, 2019.]
MD Rules, Rule 10-402, MD R GUARD AND FIDUCIARIES Rule 10-402
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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