Visit Maryland Guardianship for information and forms regarding guardianship matters.

ADDITIONAL INFORMATION REGARDING GUARDIANSHIP OF A MINOR vs. CUSTODY

How do I know whether to file a guardianship case or a custody case?

GUARDIANSHIP OF A MINOR

Guardianship is a court-ordered relationship where the court appoints an adult to care for a minor child (commonly referred to as a “ward”).  The circumstances of the child require that a guardian who is suitable and qualified (usually a close adult relative willing to serve) make decisions about the child’s education, support, and maintenance.  The following apply when considering guardianship:

• Parents are the natural guardians for their child; therefore, the court does not appoint a parent as guardian.
• BOTH parents must consent to guardianship.
• If necessary, the court may appoint a guardian to take responsibility and care for the child, even though the court has awarded custody to the parents.
• The guardian must always act in the best interest of the child.
• The guardian must report to the court at least annually.
• The guardianship of a minor child terminates when the child reaches 18 years old and a judge signs an Order Terminating Guardianship.

HELPFUL TOOLS:

INSTRUCTIONS FOR COMPLETING PETITION FOR GUARDIANSHIP OF THE PERSON AND/OR PROPERTY OF A MINOR (CC-GN-001)

PETITIONER FOR GUARDIANSHIP OF MINOR

HANDBOOK FOR GUARDIANS OF MINORS

CUSTODY

Custody is a court-ordered arrangement providing for the care of a minor child by their parents.  The following apply when considering custody:

• Parents have preference over others to custody of their child.
• Shared custody (also known as "joint custody") is customary with provisions for both parents to provide for and spend time with the child.
• If custody is contested, the court must find a parent unfit before a third-party (i.e. relatives, such as a grandparent, or non-relatives) may be awarded custody of the child.
• If necessary, the court may appoint a third-party custodian to fulfill the obligations that the parents would normally handle.
• The court will decide on custody based on what is in the best interest of the child.

If you have questions or need further clarification regarding guardianship of a minor vs. custody cases, please contact either of the following:

• For general information, call the Clerk’s Office at 301-932-3201, Press #4 for Civil.  Clerk Office Hours are Monday - Friday, 8:30 am – 4:30 pm.

• For more specific information, visit the Help Center.