How does a grandparent apply for partial or full guardianship of a grandchild?

In Maryland, grandparents who are interested in applying for partial or full guardianship of a grandchild must first determine if they are legally considered the grandchild’s “guardian” under the Maryland Grandparents Rights Law. To be considered a guardian, the grandparent must have provided significant and substantial care and financial support for the grandchild for one year or more or must have had a “care relationship” with the grandchild for at least one year prior to filing for guardianship. Once the grandparent has met the requirements, they must then file two documents with the court. The first document is a Complaint for Guardianship. This is a form that should be filled out and filed to begin the process of guardianship. The second document is a Petition for Custody and Visitation. This document asks the court to consider the grandparent’s request for guardianship and should provide as much information as possible about the grandchild’s current living situation, any special needs the grandchild has, and any prior care and support that the grandparent has provided. Once the documents have been filed, the court will then set a hearing date and notify all parties involved, including the grandparent and the grandchild’s parents. At the hearing, the grandparent will need to provide evidence and arguments to support their request for guardianship. After considering all the evidence, the court will make a ruling on whether the grandparent will be awarded partial or full guardianship over the grandchild.

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