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Statutes Text

Article - Family Law




§5–313.

    (a)    Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.

    (b)    Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.

    (c)    A petition for guardianship of an individual shall be filed before the individual attains 18 years of age.

    (d)    A petitioner under this section shall attach to a petition:

        (1)    all written consents for the guardianship that the petitioner has;

        (2)    if applicable:

            (i)    proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

            (ii)    certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws; and

        (3)    a notice of filing that:

            (i)    states the date on which the petition was filed;

            (ii)    identifies each person whose consent was filed with the petition;

            (iii)    states the obligation of a parent to give the juvenile court and local department notice of each change in the parent’s address;

            (iv)    has printed on it the website that the Department maintains under § 2–302 of the Human Services Article; and

            (v)    includes no identifying information that would be in violation of an agreement or consent.



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