Legal Question in Family Law in Maryland

Guardianship of a minor child

My daughter and 7 year old granddaughter are from Maryland and are now living with me in Texas. Her soon to be ex-husband is currently in jail awaiting trial for 1st degree rape and assault and other various charges. The ex-parte order that was issued in Maryland when these assaults occurred stated that she was given full custody of the minor child. She left Md. in fear for her life from her husband and his family members and now is residing with me. She will need to return to Md for his criminal trial in April. My question is: Can my daughter legally give temporary guardianship of my grandaughter to me here in Texas even though she is still a resident of Md? She will not be able to apply for full custody in Texas until June.


Asked on 2/05/04, 5:02 pm

1 Answer from Attorneys
Joseph Laumann Law Office of Joseph Laumann, PA

Re: Guardianship of a minor child

Pursuant to the Uniform Child Custody Act custody can only be brought in the state of residence for the child over the previous 6 mos. Therefore, MD would be the place to bring it. Furthermore, there would have to be either a consent or a finding by the Court that the guardianship would be in the childs best interest.

I would be happy to discuss this matter further if you contact my office.

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Answered on 2/05/04, 5:08 pm


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