Section 5-3A-15 – Order to Show Cause
(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. (b) Service under this section shall be by: (1) personal service; or (2) certified mail, restricted delivery, return receipt requested. (c) Service on a parent under this […]
Section 5-3A-16 – Investigation
Before ruling on a guardianship petition, a court may order any investigation that the court considers necessary.
Section 5-3A-17 – Time Limits
(a) Subject to subsection (b) of this section, a court shall rule on a guardianship petition under this subtitle within 180 days after the petition is filed. (b) A court may not enter a final order for guardianship under this subtitle until the later of expiration of the time for: (1) revocation of consent; or (2) the filing of […]
Section 5-3A-18 – Authority to Grant Guardianship
(a) A court may grant a guardianship of a child only if: (1) each of the child’s living parents consents: (i) in writing; or (ii) by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle; (2) an administrative, executive, or judicial body of a state or other jurisdiction has granted […]
Section 5-3A-19 – Consent
(a) (1) Consent of a parent may include a waiver of the right to notice of: (i) the filing of a petition under this subtitle; and (ii) further proceedings under this subtitle. (2) Consent to guardianship is not valid unless the consent: (i) is given after the child for whom guardianship is sought is born; (ii) is given in a language that […]
Section 5-3A-20 – Grant of Guardianship — Consensual
(a) If all consents for guardianship of a child have been given in accordance with this subtitle, a court may enter an order for guardianship. (b) (1) Within 5 days after entry of an order under this section, a court shall notify each party to the case who has not waived the right to notice. (2) Notice under this […]
Section 5-3A-03 – Statement of Findings; Purposes
(a) The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary. (b) The purposes of this subtitle are to: (1) timely provide permanent and safe homes for children consistent with their best interests; (2) protect children from unnecessary separation from their parents; (3) ensure adoption only by individuals fit for the responsibility; (4) protect […]
Section 5-3A-21 – Contents of Order
In an order entered under this subtitle, a court shall document: (1) the response by each party to the guardianship petition; and (2) the waiver, if any, of a parent to notice of further proceedings.
Section 5-3A-04 – Relationship With Title 5, Subtitle 5
This subtitle is related to and should be read in relation to Subtitle 5 of this title.
Section 5-3A-22 – Effects of Order for Guardianship
(a) An order for guardianship of an individual: (1) except as provided in § 5-3A-23 of this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent’s duties, obligations, and rights toward the individual; (2) eliminates the need for notice to a parent as to the filing of […]