Q: Hello. I had a few questions about the guardianship of a minor.
I've had a minor in my care since she was two months. I believe her aunt have guardianship over her. Her aunt receive all of the benefits. She never gave us anything, and that was ok, and now she is ready to talk. She is now 14 years old, and her aunt wants to take her. She is very upset and is going into a depression. I do not want her to hurt herself or fail in school. Is there anything we can do to prevent her aunt from taking her. We have proof that's she's been with us. We take her to appointments, we have her in church, we take care of everything with our money. The aunt doesn't help at all. What can we do?
A: You can immediately file a petition for custody as the "de facto parents" of the child, since you have exclusively raised her from an infant, and she has become emotionally attached to you as the only true parents in her life. You will need a lawyer for this, in family law, who is familiar with establishing "de facto" parentage. There is Maryland case law on the subject, and there are some clear guidelines that will steer you to the result you want.
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