Bill > H1463

This bill aims to ensure equitable representation in probate court proceedings involving children. It proposes two key provisions: 1. In any probate court case where a child has been living with a guardian under a court order, and the non-custodial parent seeks to take away custody or seeks visitation, the guardian is entitled to court-appointed counsel, regardless of their financial means, if the non-custodial parent obtains a court-appointed attorney to prosecute or defend the proceeding. The probate court clerk's office must inform the pre-adoptive parent or guardian of this right to counsel. 2. In a proceeding to dispense with the need for consent to a child's adoption, if a non-custodial parent opposing a stepparent adoption obtains a court-appointed attorney, the court must also appoint counsel to represent a custodial parent seeking the stepparent adoption, regardless of the custodial parent's indigency, unless the petition is not contested by any party. The overall aim is to ensure equitable legal representation for guardians and custodial parents in probate court proceedings involving children, particularly when the non-custodial parent has obtained legal counsel.

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https://malegislature.gov/Bills/192/H1463