Guardianship of a Minor in Maryland: Petition Process Step by Step

What Guardianship of a Minor Means in Maryland

Guardianship of the person of a minor transfers daily care authority — housing, education, and medical decision-making — from a parent to a court-appointed guardian. It does not terminate parental rights. The parent retains the right to petition for modification, and the court monitors the guardian through mandatory annual reporting.

Maryland governs minor guardianship under Estates and Trusts Article § 13-702, with procedural rules in Maryland Rules Title 10, Chapter 200. The process is available to grandparents, aunts, uncles, older siblings, and other relatives — or any person the court determines is suitable.

Which Court Do You File In?

Minor guardianship petitions can be filed in either Circuit Court or Orphans' Court, but a critical rule limits Orphans' Court jurisdiction: under ET § 13-105(c)(1), an Orphans' Court can hear minor person guardianships only if its presiding judge is a member of the Maryland Bar. If the judge is not a bar member, or if the case requires broader equitable powers, the Orphans' Court must transfer the case to Circuit Court.

In Harford, Howard, and Montgomery counties, Circuit Court judges sit as the Orphans' Court, so the distinction is moot — you file in Circuit Court either way.

Orphans' Court proceedings are not part of the statewide MDEC electronic filing system, so filings there are typically paper-based, in person or by mail.

The Petition: Form CC-GN-001

The core filing document is Form CC-GN-001 (Petition for Guardianship of Minor), available free from mdcourts.gov. The petition asks for:

• The child's full name, date of birth, and current address
• The names and addresses of both parents (or a statement that a parent is deceased, unknown, or cannot be located)
• The reason guardianship is needed
• Whether you are seeking guardianship of the person, guardianship of the property, or both
• Whether the child has any assets requiring a property guardian

Attach a certified copy of the child's birth certificate. If you are asking the court to appoint someone other than yourself, include Form CC-GN-023 (Consent to Serve as Guardian).

Filing Fees

Circuit Court charges $165.00 to file a guardianship petition. Orphans' Court fees follow the local probate fee schedule.

If you cannot afford the fee, file Form CC-DC-089 (Request for Waiver of Prepaid Costs) at the same time as your petition. A granted waiver covers the filing fee and Sheriff service fees. It does not cover final court costs, court-appointed attorney fees, or home study expenses that may be assessed later.

If the court denies your waiver request, you have 10 days to pay the fee or the filing is treated as withdrawn.

Notice to Parents and Service of Process

Both parents must be formally served with a copy of the petition and a summons. If the child is 10 or older, they must also receive notice. You cannot serve the papers yourself — service must be executed by someone at least 18 years old who is not a party to the case.

Three methods are available:

• Certified mail, restricted delivery, return receipt requested
• Personal delivery by the county Sheriff
• Personal delivery by a private process server

If a parent cannot be found after a documented good-faith search, file Form CC-GN-010 (Affidavit of Attempts to Contact/Locate) and ask the court to authorize service by posting at the courthouse or publishing in a local newspaper.

When a Parent Consents

A parent who agrees to the guardianship signs Form CC-GN-007 (Parent's Consent to Guardianship of Minor). The form requires the parent's signature under affirmation of perjury — no notary or witness is needed.

Parental consent substantially simplifies the case. The hearing becomes uncontested, and the court's inquiry focuses on whether the proposed guardian is suitable and the arrangement serves the child's best interests.

The Hearing

Guardianship hearings for minors are generally closed to the public. The court examines whether the appointment is necessary and whether the proposed guardian is fit. If the case is uncontested with parental consent on file, hearings can be brief.

In contested cases, the court may appoint a Best Interest Attorney to represent the child, order a home study, or assign a Guardian Ad Litem to investigate and report. The petitioner presents evidence about the child's circumstances, the living arrangement, and the reasons a parent is unable or unwilling to care for the child.

The judge's oral ruling is not enforceable. Legal authority begins when the judge signs the written order and the clerk dockets it. The clerk then issues official Letters of Guardianship (or a Certificate of Appointment), which you present to schools, hospitals, and government agencies as proof of your authority.

After Appointment: Annual Reporting

Every guardian of the person must file Form CC-GN-014 (Annual Report of Guardian of Person of Minor) within 60 days of the appointment anniversary. The report covers the child's residence, health, education, and any significant changes. Missing the deadline can lead to court sanctions.

Property guardians face stricter requirements: an initial inventory (CC-GN-011) within 60 days, annual fiduciary accounting (CC-GN-012) with bank statements, and court approval for major expenditures (CC-GN-032).

The Maryland Guardianship and Custody Guide provides a complete walkthrough of the petition process, every form with filing instructions, and post-appointment compliance tracking worksheets.

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