Legal Question in Family Law in Maryland
Custody vs Guardianship
If a family member has guardianship of a child so that child can go to a special school not in the custodial parent's school district, does the custodial parent still have legal custody or do they lose all their parental rights?
Asked on 6/10/03, 2:18 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Custody vs Guardianship
The custodial parent would retain parental rights as long as the guardianship agreement is properly drawn up to limit the extent of the guardianship to housing the child so that he/she can attend the particular school in question. Of course, since the child is presumably living on a daily basis with the guardian, as a practical matter many typical parental responsibilities will be exercised by the guardian.
Answered on 6/10/03, 4:51 pm