(c)__The court may not give preference to a party over the de facto guardian solely because the party is a parent of the child.

(d)__The court may not prefer a parent over the de facto guardian solely on the basis of the gender of the parent or de facto guardian.

(e)__The fact that the parents of the child are not or were never married to each other may not be determinative of the custody of the child.

(f)__The court may not consider conduct of a proposed guardian that does not affect the guardian's relationship to the child.

§5-254.__Termination

(a)__If a parent seeks termination of a guardianship appointed under this Part, the court shall establish a schedule of review hearings for the court to review parental efforts to demonstrate a capacity to fulfill the duties described in section 5-251, subsection (b) so that it is in the child's best interests to terminate the guardianship.

(b)__The parent must prove by the preponderance of the evidence that the parent has made appropriate changes described in subsection (a) so that termination of the guardianship is in the best interests of the child.

(c)__If there has not been adequate change described in subsection (a) within the first 2 years of the guardianship, there is a presumption that the guardianship should continue until the child is 18 years of age.__The parent may rebut the presumption by clear and convincing evidence.

SUMMARY

This bill gives standing to "de facto guardians" to seek appointment as guardians of minor children, with or without the consent of the parents. The Probate Court will consider factors that establish the person as a de facto guardian, including