Legal Question in Family Law in Maryland

Re: Changing Custody

No, she would need to file her motion in California since California is the State with a current order and at least one of the parties still resides in California. Good Luck, Pat McCrary

Re: Changing Custody

In order to change custody a legal proceeding must be brought in the state that retained authority of legal matters over the child. In this situation that state would appear to be California.

Also, since the child's father was provided sole physical custody the mother has a legal burden to address. Legal custody will not avail her of child support where a order of sole physical custody has not been granted.

I am licensed in Maryland and cannot speak as to California law. In Maryland you cannot seek to obtain child support unless it has been decreed in a court of law. Accordingly, Mom has no basis in accordance with Maryland law. But this matter appears to rest upon the continuing jurisdiction of California law.

As a practical matter the child is 17 and the issue of child support is moot. My experience tells me that Mom is trying to make a divide between Dad and child based on a less than authentic claim. Dad should focus on his legal rights and relationship with his child. The manner in which he expresses his legal rights may work to his detriment with his relationship with his child.