Maryland Code, FAMILY LAW 5-1403
Terms Used In Maryland Code, FAMILY LAW 5-1403
- Adult: means an individual at least 18 years old. See
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- minor: means an individual under the age of 18 years. See
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) (1) An action for termination of parental rights filed by a parent under this subtitle shall be filed within 7 years after the later of:
(i) the date of the birth of the child conceived as a result of the nonconsensual sexual conduct; or
(ii) the date on which the parent knew or should have known the other parent’s identity.
(2) An action for termination of parental rights filed by a child’s court-appointed guardian or attorney under this subtitle shall be filed before the child becomes an adult.
(c) In an action for termination of parental rights filed against a respondent by a child’s court-appointed guardian or attorney under this subtitle:
(1) the other parent shall be joined as a party to the action; and
(2) the action may not proceed if the other parent objects before the commencement of a trial under this subtitle.
(d) (1) Except as provided in paragraph (3) of this subsection, when proof is made by affidavit that good faith efforts to serve the respondent have not succeeded or that the respondent has acted to evade service, the court may order any other means of service that the court considers appropriate under the circumstances and that is reasonably calculated to give actual notice of the proceeding to the respondent.
(2) The court shall rule on any motion for alternative service under this subsection within 15 days after the filing of the motion.
(3) The court may not require publication of the name or personally identifying information of the other parent or the child.
(e) (1) A scheduling conference shall be held within 60 days after service of the complaint.
(2) At the scheduling conference, the court:
(i) shall issue a scheduling order, taking into consideration the best interest of the child, the time needed for discovery, and the interest of justice;
(ii) after providing the parents with an opportunity to be heard, may determine temporary custody of the minor child; and
(iii) shall advise the respondent that:
1. the respondent may refuse to testify or to offer evidence; and
2. no adverse inference may be drawn from the respondent’s refusal to testify or to offer evidence.
(3) Failure of the court to advise a respondent under paragraph (2)(iii) of this subsection is not grounds to overturn a finding under this subtitle.
(4) A complaint filed under this subtitle shall include a notice to the respondent that a scheduling conference will be held within 60 days after service of the complaint.