How to File a Consent Custody Order in Maryland

When a parent agrees to give you custody or guardianship of their child, the process is simpler than a contested case — but it still requires court approval. A handshake agreement between family members has no legal standing at the school, the doctor's office, or the benefits agency. You need a signed, judge-approved court order. Here's how to get one.

Custody Consent vs Guardianship Consent

The process differs slightly depending on which legal order you're pursuing.

Third-party custody by consent: You still file Form CC-DR-004 (Complaint for Custody) in Circuit Court, with the $165 filing fee. The parent files an Answer (Form CC-DR-050) indicating they don't contest the petition, or both parties submit a joint consent order for the judge's signature. The case proceeds as an uncontested action — no trial, usually a short confirmation hearing.

Guardianship by consent: The parent signs Form CC-GN-007 (Parent's Consent to Guardianship of Minor) under affirmation of perjury. No notarization or witness is required for this form — the parent's signature alone is sufficient. You attach the signed consent to your Petition for Guardianship of Minor (Form CC-GN-001) and file it in Circuit Court or Orphans' Court.

Step-by-Step Process

1. Get the parent's written consent. For guardianship, have the parent complete Form CC-GN-007. For custody, draft a consent order that specifies what you're both agreeing to — legal custody, physical custody, visitation, decision-making authority. Both parties sign it.

2. File the petition or complaint. Submit Form CC-GN-001 (guardianship) or CC-DR-004 (custody) with the clerk. Attach the signed consent form, the child's birth certificate, and the Civil Domestic Case Information Report (CC-DCM-001) if filing a custody complaint.

3. Pay the filing fee or request a waiver. The Circuit Court filing fee is $165. If you qualify, file Form CC-DC-089 simultaneously to request a fee waiver.

4. Service of process. Service requirements still apply when a parent consents. In a custody case, the other party is served with the complaint and summons. In a guardianship case, the court's show-cause order must be served as Maryland Rule 10-203 directs. Form CC-GN-007 records consent to guardianship; it is not a service waiver. If both parents exist, consent from one does not eliminate the other parent's notice rights.

5. The hearing. Courts typically schedule an uncontested hearing, which is shorter than a contested trial. The judge reviews the petition, the consent form, and any background check results. The judge asks the consenting parent (if present) to confirm their agreement on the record. The court then evaluates whether the arrangement serves the child's best interests.

6. Order entry. If the judge approves, they sign the order. For guardianship, the clerk issues Letters of Guardianship (or a Certificate of Appointment) — your official proof of legal authority. For custody, the signed order itself is the operative document.

What If Only One Parent Consents

If the child has two legal parents and only one consents, the case isn't fully uncontested. The other parent must be served and given the chance to respond. For a custody complaint, a parent served in Maryland has 30 days to answer; if no answer is filed, you can request an order of default (Form CC-DR-054). For a guardianship petition, the answer deadline is the time stated in the summons (Form CC-GN-003).

If the other parent actively opposes the petition, the case becomes contested and you'll need to meet the exceptional circumstances or parental unfitness threshold under McDermott v. Dougherty — consent from one parent doesn't waive the constitutional rights of the other.

What If the Parent Can't Be Located

When a parent cannot be located, the process depends on the case. For guardianship, file Form CC-GN-010 (Affidavit of Attempts to Contact, Locate, and Identify Interested Persons) to describe your good-faith efforts; the form does not prescribe a fixed checklist. In a Circuit Court custody case, alternate service by posting or publication uses Form CC-DR-072 under Rules 2-121 and 2-122. Follow the court's instructions.

Common Mistakes

• Relying on verbal consent. The court needs a signed form, not your testimony about what the parent said.
• Skipping service on the second parent. Both parents have constitutional rights to notice and an opportunity to be heard.
• Assuming consent means no hearing. The judge still reviews the arrangement independently.
• Not specifying visitation. If the consenting parent wants regular contact with the child, spell it out in the consent order. Vague agreements create conflicts later.

The Guardianship and Custody Court Process Guide includes templates and checklists for both the consent and contested paths, with step-by-step instructions for completing every required Maryland form.

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