Legal Question in Family Law in Maryland

Re: Visitation in Maryland

The Indiana court continues to have jurisdiction here, not a Maryland court.

If she picked the child up late, then her time will be shorter. She cannot eat into the child's school year.

Your son needs to go to court and get an order from the court stating that she has to return the child in time for her to begin classes on time. And he needs to ask for the court to order HER to pay his attorney fees.

This woman sounds like an idiot who the court will love to spank.

Hope this answers your questions.

Re: Visitation in Maryland

The Indiana court has jurisdiction and the Maryland court will prefer not to get involved. If the mother is so foolish as to keep the child past the beginning of the school year, she will be in contempt of court. Your son should immediately let her know that if she does this, he will go back to court to enforce the order and will seek to curtail her future visitation. It would be better to let her know beforehand that she can't do what she proposes rather than to wait until it's done and then to get involved in some ugly legal stuff. Let her know she could go to jail for contempt if she ignores the order of the court and makes her own rules.

Re: Visitation in Maryland

I just answered your question quickly, and after a moment's thought I have an additional answer: Let the mother know that it is a felony in Maryland, punishable by a fine of $1000 or imprisonment for up to one year, or both, to do what she proposes. I believe the law is the same in Indiana, or very similar. That information should get her attention.

Re: Visitation in Maryland

Yes, Maryland courts will uphold the Indiana decision. You need to domesticate the Indiana order in Maryland courts.

Also, did the court order specify the dates of Summer visitation or leave it vague? Even if it is vague the court will likely rule in your favor that interference with the child's school schedule is not in the best interest of the child, ESPECIALLY since she is the one that caused the delay in visitation!

That being said, you need to domesticate the Indiana order in the County in Maryland in which she is located. I would also have an attorney call her up (either one in Md or one from Indiana) and inform her that you will seek legal action against her should she violate the court order!