Legal Question in Family Law in Maryland
Child custody
My wife lives in virginia and I live in Maryland, she currently got a temporary custody order for our 13 month old son taking him away from me, I feel that she is mentally and emotionally unstable to provide a good home for him, can I go to the court house and get a temporary custody paper overiding hers?
2 Answers from Attorneys
Re: Child custody
No you can't. She's invoked the jurisdiction of the court in VA (I'm assuming, since you didn't specify what court issued the order), and that court now has sole jurisdiction. However, since her order is only temporary, you can challenge it and try to obtain permanent custody for yourself. You will have to convince the court that the child would be better off with you. Of course, even now you have visitation rights, and she can't deprive you of your relationship with the child. You should seek the services of an experienced family law attorney if you are serious about trying to get custody.
Re: Child custody
I assume you are thinking about going to a Maryland court to "override" an order from a Virginia court. You can't do that. Once one state has accepted lawful jurisdiction over the case, a second state can not step in to take jurisdiction away. The case will stay in the court where it started. The order is temporary, so you can start now preparing to convince the court that it is in the child's bestinterest to be placed in your custody. You will need a lawyer licensed to practice in Virginia to represent you. Do not try to represent yourself. T represent yourself in a custody case is extremely difficult, and you need someone who knows Virginia custody law.