What is the Maryland Family Law Concerning a Child With a Disability?
Maryland family law addressing children makes the best interest of the child top priority. While there may not be many specific provisions for children with disabilities, when applying laws regarding the care and support of child the fact that a child is disabled is considered when making final decisions.
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Disability
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Under Maryland law, a disability is defined as alcohol or drug dependence, a mental disorder or intellectual disability. A guardian may be appointed to the child as the legal representative if the parents are determined to not be able to agree on the appropriate treatment or care.
Court Decisions
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When making decisions regarding family issues, such as divorce or custody, the court takes into consideration the best interest of the child, the child's desires and the cost of transportation and care of the child. This is true for decisions on guardians, child support and parental custody of the child.
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Prohibited Acts
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Maryland law explicitly prohibits a guardian from committing or institutionalizing as an inpatient a child with a developmental disability for psychiatric treatment or in a facility specifically for developmentally disabled children.
Adult Disabled Child
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If, after a child reaches the age of majority, the child is unable to support himself because of the extent of his disabilities, the court may continue child support to the custodial parent. This may occur if the child is unable to provide financial support for himself and one of the parents is the primary care giver.
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References
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