How to Enroll a Grandchild in School in Maryland Without Custody

The school registrar wants a parent's signature and you don't have one to give. The child is living with you, the parent is not available, and school starts Monday. This is one of the most common situations Maryland kinship caregivers face — and the law actually provides a clear path through it.

You Do Not Need Custody or Guardianship

Maryland Education Article § 7-101(c) allows a relative caregiver to enroll a child in public school without a court order. You file a sworn affidavit — called an informal kinship care affidavit — with the local school system. It must be signed and dated in the physical presence of a commissioned notary public; the parent does not need to sign it.

The affidavit establishes the child's educational domicile at your address, which gives the child the right to attend the neighborhood school in your attendance zone, tuition-free.

Who Qualifies

You must be related to the child by blood or marriage within the fifth degree of consanguinity. That includes grandparents, great-grandparents, aunts, uncles, adult siblings, first cousins, great-aunts, and great-uncles.

The child must live with you full-time (24/7) in your Maryland home, and the arrangement must result from one of six qualifying hardships: the parent's death, serious illness, drug addiction, incarceration, abandonment, or active military deployment.

Family friends, godparents, and other non-relatives cannot use this affidavit. They have other options, including McKinney-Vento enrollment or petitioning for guardianship.

What You Need at the School

Bring the completed, notarized informal kinship care affidavit (your county may have its own form — Montgomery County uses Form 334-17, Frederick County uses Form 80, and other districts use the standard state statutory language) plus:

• Proof of your residency — a lease, property tax bill, utility bill, or a notarized shared housing disclosure if you live with someone else
• Proof of the child's age — birth certificate, passport, or hospital record
• Immunization records — Maryland Department of Health Form MDH 896
• Blood lead testing certificate — Form MDH 4620 (for Pre-K through 1st grade)

If you are missing the birth certificate or prior school records, the school must still enroll the child immediately. The school requests academic records from the previous school directly, and you get a reasonable window to supply missing health documents.

The School Cannot Make You Wait

Under Maryland law, a child must be enrolled immediately upon submission of a valid sworn affidavit, even while the school processes or verifies hardship documentation. The district cannot keep the child out of class during a 30-day verification window. If a principal or intake officer refuses enrollment, request a written notice of refusal stating the specific statutory grounds, and file an appeal with the local superintendent's office.

Enrollment Does Not Give You Custody

The affidavit gives you authority over educational decisions — attending IEP meetings, signing permission slips, accessing academic records — but it does not change legal custody, alter child support, or affect the parent's tax dependency claim. The parent retains ultimate decision-making authority over the child's education. If the parent reappears and disagrees with a school decision, the parent's choice controls.

What Happens Each Year

The affidavit is not permanent. You must re-file it annually, at least two weeks before the start of the school year. If the hardship circumstances or care arrangement change during the year, you are required to notify the school within 30 days.

For a complete walkthrough of the affidavit, the medical consent companion form, county-specific filing instructions, and a renewal calendar, our Maryland School and Medical Consent Guide covers every step.

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