Legal Question in Family Law in Maryland
who is the Parens Patrea as it concerns custody
who is the Parens Patrea as it concerns custody... what does parens patrea mean... is the State (or Federal Government) considered to be one of the parents of a child under it's jurisdiction?
2 Answers from Attorneys
Re: who is the Parens Patrea as it concerns custody
Parens patrea refers to the role of the state in taking care of persons with a disability, such as mental incompetence. It occurs when the state must step in because there is no one related to the disabled person who is able or willing to do so.
The State as Guardian through Parens Patriae
PARENS PATRIAE - Latin: "parent of his country." Used when the government acts on behalf of a child
or mentally ill person (usually where no other person is acting upon this responsibility or those who are acting thereon are doing so in a highly deficient manner). Refers to the "state" as the guardian of minors and incompetent people.
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