Legal Question in Family Law in Maryland
Legal Guardian
First, I live in the state of Maryland.
Second, my ''ex'' wife has informed me that she intends to file legal papers to assume ''legal guardianship'' of my daughter. Part 1 of my concern: Why is it necessary for the biological mother to ask for legal guardianship? And part 2: I am the biological father..does the court have to include me in the actions or proceedings of this case? IF the mother does win legal guardianship..HOW does this OR can this decision have ANY interests in my court ordered visitation? Will this decision affect my right to take my daughter anywhere?
1 Answer from Attorneys
Re: Legal Guardian
It is nonsensical for a biological parent to seek guardianship; in these situations, the issue is one of custody, unless your daughter is no longer a minor and for some reason is unable to manage her own affairs. There should already be a custody order in place at least since your divorce. The noncustodial parent is entitled to reasonable visitation with the child. If what your wife really intends is to seek a change of custody, she must serve you with papers and you are entitled to fully participate in the court proceedings.
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