Legal Question in Family Law in Maryland

In june of 2009 I fled from Louisiana to MD because of abuse. I have a enrolled protective order in MD that grants me custody. I want to file for long term custody against my husband, but he still lives in Louisiana. I friend told me I needed to get personal jurisdiction over him to have him served with the complaint. How do I get personal jurisdiction over him? What happens if I can't get personal jurisdiction over him? am i prevented from filing my complaint?


Asked on 2/24/10, 9:06 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Now that you have lived here for six months you can file a custody petition here. You serve him by getting someone in the area where he lives, like a private process server or a deputy sheriff if they do that sort of thing, to deliver the papers to him. First you have to get a summons issued by the clerk here after you have filed your petition. You could also file for a limited divorce on the ground of constructive desertion, and in June you could amend it into a final divorce because you would have been apart for 1 year. Doing it that way allows you to ask for many things, including custody, child support, division of any marital property, even alimony if you are eligible. You would be wise to consult with a family attorney who can help you with this.

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Answered on 3/01/10, 9:34 am


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