(3)__The facts and circumstances of the parent's or parents' absence;

(4)__The parent's or parents' refusal to comply with the conditions for retaining custody set forth in any previous court orders; and

(5)__Whether the parent or parents seeking custody were previously prevented from doing so as a result of domestic violence or child abuse or neglect.

§5-252.__Appointment as guardian

(a)__A de facto guardian seeking appointment as the guardian of one or more children in a de facto guardianship proceeding commences a proceeding by filing a petition with the court.__A__ petition for guardianship filed under this section must state and allege:

(1)__The name and address of the petitioner and any prior or other name used by the petitioner;

(2)__The name and, if known, the address and social security number of the respondent mother and father or guardian and any prior or other name used by the respondent that is known to the petitioner;

(3)__The name and date of birth of each child of whom guardianship is sought;

(4)__The relationship of the petitioner to each child of whom guardianship is sought;

(5)__The petitioner's basis for standing under this section;

(6)__The current legal and physical custodial status of each child of whom guardianship is sought and a list of all prior orders of custody, if known to the petitioner;

(7)__Whether any party is a member of the Armed Forces of the United States;

(8)__The length of time each child of whom guardianship is sought has resided with the petitioner and has resided in this State;