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§ 5-3A-15. Order to show cause

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3a. Private Agency Guardianship and Adoption (Refs & Annos)
Part II. Guardianship Proceeding (Refs & Annos)
MD Code, Family Law, § 5-3A-15
§ 5-3A-15. Order to show cause
Requirement
(a) On issuance of a show-cause order as to guardianship of a child, a petitioner shall serve the order on each of the child's living parents who has not consented to the guardianship.
Method
(b) Service under this section shall be by:
(1) personal service; or
(2) certified mail, restricted delivery, return receipt requested.
Parental address
(c) Service on a parent under this section shall be attempted at the parent's last address known to the petitioner.
Publication
(d)(1) If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.
(2) Notice under this subsection shall consist of substantially the following statement:
To: (Father's name)
To: (Mother's name)
To: Unknown parent
“You are hereby notified that a guardianship case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother's and father's names and dates of birth) shall file a written response. A copy of the show-cause order may be obtained from the clerk's office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.”
(3) Service under this subsection shall be by:
(i) publication at least once in one or more newspapers in general circulation in the county where the parent last resided or, if unknown, where the petition is filed; and
(ii) posting for at least 30 days on a website of the Department.
(4) The Department may charge a petitioner a reasonable fee to cover the cost of posting.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006.
MD Code, Family Law, § 5-3A-15, MD FAMILY § 5-3A-15
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.
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