Legal Question in Family Law in Maryland

currently there is a consent order for custody and visitation in maryland courts. mother has stopped bringing children to father as of dec 2009 he has not see children. he filed contempt charges on mother . mother was served contempt papers and must appear in maryland court in may 2010. she has moved to virginia. today father was served papers by certified mail that mother is attempting to file consent order in viginia. can she have case moved to viginia? and if so or not should father hire attorney licensed in maryland or virginia? pls respond thank you


Asked on 3/10/10, 8:38 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Once the mother has lived with the child in VA for 6 months, she can apply to the courts there to take jurisdiction of the case, but the MD court can retain jurisdiction if it deems it appropriate. Since there is a pending contempt hearing I think that must be resolved before VA would assume jurisdiction. You should definiitely have a MD attorney assisting you with the contempt hearing, and if you want to protest her efforts in VA, you should have a family lawyer in that case as well.

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Answered on 3/16/10, 6:29 am


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