Legal Question in Family Law in Maryland
legal guardianship
My fiance and I have been together 6 years and live together along with his now 16 year old son. He is divorced from the child's mother, who now lives out of the state. My future step-son is having severe medical problems. I cannot sign any medical releases for my future step-son - therefore our question is about how legal guardianship works if the mother is out of state and the ramifications and law about guardianship.
1 Answer from Attorneys
Re: legal guardianship
Since your fiance is the legal custodian, he has full authority to authorize medical care for his son. In order for you to obtain legal guardianship, the mother would have to consent or you would have to petition the court to appoint you. But unless there's some reason why the father can't take care of this, I don't see why it's necessary.
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