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While your child's guardian does not have to be a U.S. citizen or a permanent resident, it is ultimately up to the court to approve a guardian. The court is ultimately responsible for deciding whether your choice of guardian is qualified to serve in that role.
Legal custody describes the authority to make decisions about a child's education, medical care and other critical factors. Both of these can be included in third party custody in Maryland. Guardianship refers to a legal relationship where the guardian is allowed to act on behalf of their ward or the dependent party.
Complete a Petition for Guardianship of Minor (form CC-GN-001). Parent's Consent to Guardianship of a Minor ? If the minor's parents are alive, ask them to consent (agree) to the guardianship by completing and signing the form Parent's Consent to Guardianship of a Minor (form CC-GN-007).
10-112 (Petition for Guardianship of Alleged Disabled Person). Factors to consider when determining whether to appoint a guardian who has been convicted of a disqualifying offense under Md. Code, Estates and Trusts Article § 11-114.
In Maryland, guardianship determinations are made by a judge, and depending on the nature of the petition, the petitioning process can take somewhere from a few months to a year before an individual is appointed.