Legal Question in Family Law in Maryland
gaurdianship of minor
my brother and his girlfriend seperated and he had his daughter and she had visitation. I was his daycare person. My brother drowned in a boating accident last june and my neice went back to her mother, who is into drugs and is not very capable as far as i'm concerned. she had just landed herself in jail for 2 months for a hit and run. this is not the first time she has been in trouble. i have my neice fight now for this time. she has 2 other children by 2 other men, so all the kids are split up. i would like to know what my chances of getting legal gaurdianship are. she knew she was going to court for this offense and that there was a chance of going to jail but she still didn't make arrangements for the kids, they were left with her sister, whom then contaced us to see if we would take her for this time the same day she went to jail.
2 Answers from Attorneys
Re: gaurdianship of minor
Although a natural parent has a presumption in her favor in a custody/guardianship dispute, under the circumstances you present you may have a real chance of being appointed as guardian of your niece. The court will look at what is in the best interest of the child, and will probably assign a social services person to conduct a home investigation and advise the court on your suitability to assume a custodial role.
You would be well advised to obtain legal representation in this matter, as these proceedings can be come hotly contested and quite complicated if the mother won't consent.
Re: gaurdianship of minor
God Bless you that you are willing to help you niece. I can tell you that NORMALLY there is a presumption in favor of the natural parent unless you can show that it is not in the best interest of the child to be living with her. You present very compelling facts that suggest the child is NOT better off with her. What you need to do is petition the court for guardianship or even custody. Maryland Dept. of Social Services will likely get involved, and that will likely work to your benefit.
You really should speak with an attorney, even if it is for a consultation because these types of cases really do need the assistance of an attorney because they can be very difficult.
Good luck to you and I'm sure your niece feels very loved by your willingness to help her!
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