Legal Question in Family Law in Maine
How can they do this?
1. Child has resided in Mass since Feb 07'
2. Father filed temporary emergency orders in Mass in May 07'.
3. Order review, continued in September 07'.
4. Mother filed in Maine in September 07'.
5. Case in Mass reviewed in November and continued until Jan 08'.
6. Following that, Maine held hearing in which they took jurisdiction (yesterday)
They completely disregarded the Mass orders that were in place to protect the child.
It seems very clear that they violated state and federal law because:
a. The child and custodial parent have lived in Mass for over 10 months. Well beyond the 6 month time frame and,
b. The child has resided in Mass for more then 6 months prior to the mother filing in Maine.
Two questions:
How can Maine do this?
What can we do about this?
1 Answer from Attorneys
Re: How can they do this?
You need to obtain an attorney in ME as well as MA. I assume you were divorced ME, which gives ME jurisdiction. If both spouses live in MA now, you can get MA jurisdiction.
Until a court has jurisdiction, you can have conflicting orders. the issue now is which court has proper jurisdiction. You need to get the case in ME removed or dismissed which is why you will need a ME attorney.
Good luck.