Maryland Answer to Petition for Guardianship of Minor

State:
Maryland
Control #:
MD-SKU-0031
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PDF
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Description

Answer to Petition for Guardianship of Minor

A Maryland Answer to Petition for Guardianship of Minor is a legal document that allows a person to respond to a petition for guardianship of a minor child. This document is used in the state of Maryland and must be filed with the court. It is important to note that an Answer to Petition for Guardianship of Minor must be filed within 30 days of the Petitioner's filing. The Answer to the Petition for Guardianship of Minor is a document which provides the Respondent's stance on the Petitioner's request for guardianship of a minor child. In the Answer, the Respondent can either agree or disagree with the Petitioner's request and provide any relevant evidence to support their position. The Respondent can also ask the court to make certain orders, such as granting visitation rights or ordering the Petitioner to provide financial support for the minor child. There are two main types of Maryland Answer to Petition for Guardianship of Minor. The first type is an Uncontested Answer, which is filed by a Respondent who agrees to the Petitioner's request for guardianship. The second type is a Contested Answer, which is filed by a Respondent who disagrees with the Petitioner's request for guardianship and wants to contest the Petition. It is important to note that a Maryland Answer to Petition for Guardianship of Minor must be filed correctly and include all relevant information in order to be accepted by the court. If the document is not filled out correctly or does not include all necessary information, the Respondent may not be able to contest the Petition. Therefore, it is important to consult with an experienced family law attorney to ensure that the Answer to Petition for Guardianship of Minor is properly completed and filed with the court.

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FAQ

Guardianship of the Person One person can serve as both guardian of the person and guardian of the property, or different people may serve in each role. After the Court appoints a guardian of the person, the guardian has the same rights, powers and duties that a parent has toward an unemancipated minor child.

(Md. Rule 10-111) INSTRUCTIONS 1. Use this form of petition when a guardianship of a minor is sought, even if the minor also is disabled. 2. If the subject of the petition is not a minor, use the form petition set forth in Rule 10-112.

To become a guardian of a minor in Maryland, an individual has to petition the court; that requires notification of all interested parties of a child that they are petitioning the court. Typically, the court then allows a period for other individuals to object to the appointment.

Rule 10-301 - Petition for Appointment of a Guardian of Property (a) Who May File. Any interested person may file a petition requesting a court to appoint a guardian of the property of a minor or an alleged disabled person.

Rule 10-109 - Transfer of Action (a) Proceedings Initiated in the Orphans' Court. Upon the petition of an interested person, the Orphans' Court may transfer a guardianship or protective proceeding for a minor to the circuit court.

Rule 10-711 - Resignation of Fiduciary and Appointment of Substituted or Successor Fiduciary (a) Commencement of Action. A fiduciary may file a petition to resign. The petition shall state the reasons for the resignation and may request the appointment of a substituted or successor fiduciary.

MD Rule 10-103(b) (1) Guardian of person- disabled means a person, other than a minor, who, because of mental disability, disease, habitual drunkenness, or addition to drugs, has been adjudged by a court to lack sufficient understanding or capacity to make or communicate responsible decisions concerning himself/herself

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.

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Maryland Answer to Petition for Guardianship of Minor