Guardianship cases in Maryland can be confusing to navigate and are sometimes contentious. Parents and guardians may find it helpful to understand the relationship between guardianship and parental rights. Guardianship can significantly affect parental rights, but it does not completely override them.
What is guardianship?
Guardianship grants a person the legal authority to care for a child and make decisions on their behalf. This can include decisions about education, healthcare, and daily living. Guardianship is often established when parents cannot care for their child due to various reasons such as illness, absence, or other circumstances as laid out in the parents’ estate plan.
Impact on parental rights
Guardianship can limit parental rights but does not typically terminate them. Parents retain certain rights, such as the right to visitation and the ability to petition the court for the return of guardianship if circumstances change. The court always focuses primarily on the child’s best interests and makes decisions accordingly.
Temporary vs. permanent guardianship
Temporary guardianship is often used in situations where the parents are temporarily unable to care for the child. This type of guardianship is typically short-term and does not permanently affect parental rights. Permanent guardianship, on the other hand, is more long-term and can significantly restrict parental rights, though it still does not terminate them.
Contesting guardianship
Parents have the right to contest guardianship arrangements in court. If a parent believes their rights are being unjustly limited, they can seek legal recourse to challenge or modify the guardianship.
Navigating guardianship and parental rights
Understand the legal implications and seek appropriate legal guidance to ensure you meet the child’s best interests while maintaining parental rights.