Legal Question in Family Law in Maryland

Re: Child Custody

It doesn't make sense that he wants to take her to court to get custody unless there's something going on that is harmful to the child.

Venue (where the court action will be) is where the child lives.

I would recommend consulting with an attorney in Oregon to make sure that there are no orders requiring her to stay in Oregon. It would be costly to move to California only to have to turn around and go back to Oregon.

If there are no orders as to custody or visitation, your wife could move to California and then go to court for custody to establish the case here.

All of this is said without knowing about the case. Please consult with an attorney. There might be other issues that will ultimately affect your decisions.

Re: Child Custody

answered below.

Re: Child Custody

The state in which a custody trial may be held depends on some details you haven't mentioned. If your wife was awarded custody by a court in the first place, a petition for a change in custody would have to be filed in that state. If there has never been a court's decision on custody, it could be filed in the state where either parent lives. If the father has already filed for custody in Maryland, your wife could file a petition to move the matter to Oregon, where she and the child live and where potential witnesses would be available to testify about issues relevant to a custody decision. Other considerations might include the length of time that the child has lived in Oregon, the length of time that the father has lived in Maryland, the age of the child and how long she has been in her mother's custody. If the father has already filed for custody in Maryland, or if an original custody determination was made in Maryland, your wife will want to file to have the case removed to Oregon. If nothing has yet been filed in any court, she could move to California first and then wait to see if the father actually follows through with filing for custody. I see no advantage that he would have by being first to file. In any case he would have a slim chance of gaining custody because of the move from one distant state to another distant state or because of your marriage, unless there is some reason not mentioned why a move to California or a new stepfather would be contarary to the child's best interest.