Guardianship vs. Custody

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

Guardianship of a Minor

What is guardianship?

Guardianship is a court-ordered relationship.

The court appoints an adult to care for a minor child (called a "ward").

The guardian may make decisions about the child's:

• Education
• Support
• Maintenance

Important information about guardianship

• Parents are the natural guardians of their child. The court does not appoint a parent as guardian.
• Both parents must consent to guardianship.
• If necessary, the court may appoint a guardian even if custody has been awarded to the parents.
• The guardian must always act in the best interest of the child.
• The guardian must report to the court at least once each year.
• Guardianship ends when the child turns 18 and the court 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

What is custody?

Custody is a court-ordered arrangement for the care of a minor child by their parents.

Important information about custody

• Parents have preference over others for 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 awarding custody to a third party (such as a grandparent, relatives, or other non-relative).
• If necessary, the court may appoint a third-party custodian to carry out responsibilities normally handled by parents.
• The court decides custody based on the best interest of the child.

Key Differences

Guardianship vs. Custody at a glance

Need more information?

• For general and procedural information, contact the Clerk's Office 301-932-3201, Press #4 for Civil (Monday - Friday, 8:30 a.m. - 4:30 p.m.). The Clerk's Office cannot provide legal advice.
  
  
• For more specific information and limited free legal advice, visit the Court Help Center webpage.

• For information, forms, and resources regarding guardianship matters, visit the Maryland Courts Maryland Guardianship webpage.