Legal Question in Family Law in Maryland

How does a grandparent go about terminating custody or guardianship of a grandchild? In case it matters, the residence is in Charles County, Maryland. Custody (or guardianship; I have to review the order to be sure) was obtained through an interstate compact agreement between Florida and Maryland. The grandchild was a foster child in Florida because moving to Maryland at age 10. The child is now 15 years old.

Returning the child to the parent may not be an option, as both of them have not complied with orders in the Florida courts. The parents decided to show up unannounced in June 2009 expecting to live in my household. After three months and all of the drama, I had to legally evict them (yes...I had to file an eviction order because the parents were in my household for more than 90 days). One parent has a long criminal history (including felonies), while the other has mental health issues that are being ignored or disregarded willingly or unwillingly and misdemeanor actions in the courts. Both have a history of drug and/or alcohol use.

I want to terminate custody (guardianship) because the living situation is no longer suitable in the long term because of the escalating and dangerous oppositional behavior. This grandchild out of foster care started out with various extreme behaviors, including assaulting an older brother, whom he had never lived with before I received custody (guardianship) by cutting him with a knife when this grandchild became mad. I'll say that certain younger grandchildren can no longer visit my home as long as this grandchild lives with me for their own personal safety (I learned that this grandchild has assaulted one of them). The grandchild is currently on probation in the Charles County, MD juvenile court because of the various incidents. Sanctions on this grandchild (including juvenile detention and electronic monitoring) seems to be of no consequence in curbing the behavior.

Our household is not suitable for a child who seems to show signs of a reactive attachment disorder or defiant opposition behavior, complete with behavior leading to assaults and destruction of property by this grandchild. This grandchild has also been through therapy here in Maryland for the entire time, but nothing much has changed in the five years that we've had this grandchild.


Asked on 12/22/09, 9:55 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You would have to file a court petition to teminate the relationship. Before doing so, you should consult with child welfare services in your county to see what options are available as alternatives for the child.

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Answered on 12/28/09, 6:35 am


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