Legal Question in Family Law in Maryland

who is the Parens Patrea as it concerns custody

who is the Parens Patrea as it concerns custody... what does parens patrea mean... is the State (or Federal Government) considered to be one of the parents of a child under it's jurisdiction?


Asked on 1/22/02, 10:53 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: who is the Parens Patrea as it concerns custody

Parens patrea refers to the role of the state in taking care of persons with a disability, such as mental incompetence. It occurs when the state must step in because there is no one related to the disabled person who is able or willing to do so.

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Answered on 1/22/02, 11:59 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

The State as Guardian through Parens Patriae

PARENS PATRIAE - Latin: "parent of his country." Used when the government acts on behalf of a child

or mentally ill person (usually where no other person is acting upon this responsibility or those who are acting thereon are doing so in a highly deficient manner). Refers to the "state" as the guardian of minors and incompetent people.

I am happy to have been of assistance.

If you require further help, contact me at

(410) 799-9002.

G. Joseph Holthaus III

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Answered on 1/22/02, 1:43 pm


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