Can my husband be appointed as a legal guardian of my son without terminating my ex-husband's rights?

Hello guys…

I hope I’m posting in the right place; if not, I apologize. I’m looking for some advice regarding parental rights and guardianship in Maryland.

I have a teenage son with my ex-husband, and I’ve had full legal and physical custody since he was born. My ex-husband has reasonable visitation rights but does not have a say in legal or medical decisions. I’m currently married to another man, and we’re considering having him appointed as a legal guardian for my son.

I agree that a limited Power of Attorney (POA) would be enough in this situation. He could sign “on behalf of” you.

You can find a template online for medical POA and adjust it to include school matters by using a general term like “administrative matters.” This way, you won’t need a new one each time a new issue arises.

If both you and the dad sign it and get it notarized, that should be sufficient for most requests. You technically don’t need the dad’s signature, but having it can help avoid any questions about custody plans.

I think you might be overthinking this. This isn’t legal advice, and I’m not a lawyer.

If everyone is in agreement, just add your spouse to your son’s medical release forms and as a contact for the school. Have your ex do the same for his wife’s kids. It’s really straightforward.

I’m an approved contact for my best friend’s kids; if the school can’t reach her, they call me. If there’s a medical issue, I can call their pediatrician and make an appointment. She can do the same for my child, and so can my mom.

I don’t think you even need to involve the family court for this.

Yeah this is the way. Most times they don’t even look at who signs as long as there is a signature on the field trip line. If your husband is an emergency contact then it’s fine for him to sign. Most kids have step parents or guardians so schools don’t blink an eye.

You can’t have three people with legal rights to a minor child. You could give your current husband a Power of Attorney (POA) to handle your rights while you’re living and to act on your behalf when you’re not present (like at school or the doctor’s office).

You can’t will or estate a child to someone after your death, as children aren’t property. If something happens to you, your ex-husband would become the guardian. He can agree to let your son stay with your stepdad if he chooses.

When my mom had a traumatic brain injury and was in hospitals and rehab for three years while I was in elementary school, my dad added my maternal grandmother as a legal guardian without removing my mom’s or his rights. My dad worked with a lawyer, submitted a petition to the courts, and a judge approved it. So, my grandmother was essentially added as a third person in the guardianship arrangement.