Legal Question in Family Law in Maryland
Protective Order
If a protective order is issued in the State of Maryland over preventing visitation of children to father from information from child protective services (abuse physical and other) can a Virginia judge overrule that order and give temporary custody to the father and deny the mother visitation. He states his order overides the protective order.
1 Answer from Attorneys
Re: Protective Order
Your question is one of jurisdiction. The court which has immediate jurisdiction over the child can make orders affecting that child. If the child is in Virginia and there is a protective order from another state affecting that child, the state that has jurisdiction over the child may change or modify any other order.
Jurisdiction is usually placed where the child has resided for at least six months. Courts may take emergency jurisdiction at any time over a child in it's territory.
One would hope that the Virginia judge had access to the same information which convinced the Maryland judge to propect the children so that he would do the same.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
