Legal Question in Family Law in Maryland

When both parents sign over guardianship to grandparents

My daughter (21 year old herion addict) and her boyfriend (incarcerated due to heroin abuse and criminal activity - has 3 years in State penitentiary) are in the process of signing over custody (from paperwork I obtained from Family Court) of their two children, 5 1/2 and 21 months old. I am now waiting for the father's document to be completed (notary has to witness signature) and return to me, in order to file for a Master's Hearing. My husband is caring for the children (due to 3 back operations - unable to work full-time), and I am trying to support the entire family so, this is why an attorney is not involved.

My question is: If both parents are drug abusers and have signed over parental rights to myself and my husband, are they ever entitled to petition Family Court for custody of the children? We are requesting no visitation for either parent (since one is incarcerated and the other battling herion and now crack addiction).

A timely reply is appreciated, and thank you. DB/Baltimore, MD


Asked on 4/19/00, 11:19 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: When both parents sign over guardianship to grandparents

There is a difference between a transfer of custody and a termination of parental rights, and you have used both terms, so It is not clear which of those is in the works. Custody is never guaranteed to be permanent. The court always retains jurisdiction to change custody if it is in the best interest of the child. If a parent gives up custody he or she may always get it back if there is a "material change of circumstance," for example if a heroin addict gets rid of the addiction and begins to look like a model parent. A termination of parental rights, with or without the agreement of the parent, is generally permanent. It is usually a prelude to an adoption, and it is often handled with the involvement of Social Services. If the parents are agreeing to a termination of parental rights and you are worried about a lack of guarantees, you should probably file for an adoption. You might be able to get some legal help from Legal Aid or some other agency which provides pro bono legal help in your area.

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Answered on 4/29/00, 12:44 pm


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