Legal Question in Family Law in Maryland

I have legal guardianship of a 14 year old who I consider my daughter (she is my older children's sister but I am not her biological father), and that considers me Dad. She has asked if I could adopt her. We have lived in Maryland since 2007 but the custody agreement with her biological mother (who has had little or no physical or verbal contact with her in that time)is in another state (West Coast). The agreement gives me full custody of my daughter. Could I proceed to adopt her in the State of Maryland? What would I be looking at in terms of fees and usual time for the State of Maryland to process such a request? Thanks.


Asked on 7/06/11, 8:42 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Your continued role in your child's life is commendable. Note that custody and adoption matters form two different types of proceedings with different standards. Generally adoption does not relate to prior custody determinations. However, if the adoption involves forcibly ending a parent's rights (rather than a parent willingly consenting to the adoption) the situation gets more complicated.

Step parent adoptions tend to be quicker and less costly than some other forms of adoption, but how long or costly the process may be depends largely on the other parent(s). Two key questions: What is the biological father's role? Does the absent mother consent to the adoption? If both the biological father and mother consent (or if the biological father's rights were previously terminated) the proceedings would be far shorter and less expensive than if one or both biological parents contest the adoption.

While my firm does not handle contested custody matters or non-relative adoptions it can represent step-parents or other relatives seeking to adopt in this state. You are welcome to contact my office at 410-216-7000 for a no cost initial phone consultation of up to 10 minutes and/or contact another firm of your choosing. Note that this post does not create any attorney/client relationship nor does it substitute for legal advice.

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Answered on 8/23/11, 8:32 pm


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