Legal Question in Family Law in Maryland

Re: temporary custody issues

You really have quite a few issues here and I recommend that you sit down with an attorney. I can give you some general information but much iof what you need is fact dependent.

1) Child support is for the benefit of the child. In ordering Child Support, the Court is suppose to view what is in the best interests o the child. Thus, parents, grandparents etc do not have the right to waive support that would be in the best interests of the child

2) Natural parents can give up their parental rights but each must do so individually; one parent cannot give up parental rights on behalf of both parents. It is not dependent on whether the parents were married or not. Parents may lose parental rights if they have been found to have been abusive or extremely negligent sick that the child is harmed or at risk of harm. The burden is on the party trying to prove that the parents are harmful.

3) It is not necessary to give up parental rights in giving custodial rights or temporary guardianship to a grandparent.

4) the rights of natural parents are superior to the rights of grandparents in custody of their children. Thus the natural parent, unless an Order is in place otherwise, can take custody from the grandparent without permission of the other parent who has given his or her permission for the grandparent to have custody.

5) If there is a conflict over who should have custody of the child, then someone who is concerned must file in Court. This if a parent wants to have custody over the other parent and grandparents etc, the parent needs to file. If the grandparent is seeking custody, the the grand parent must file and show evidence as to why the natural parent is a danger to the child.

I hope that I have answered some of your questions. However, I am sure that you will need to seek specific legal advice as there seems to be a particular fact pattern here that deserves attention.