Legal Question in Family Law in Maryland
custody case
my stepson moved to washington state less than a year ago with his mother (lived in baltimore,MD before). Before he left the mom promised that nothing would change as far as visitation was concern, she even promise to help with the plane ticket since he was now across the country(we live in NJ). Since he moved the mother puts up objection for the son to come down and visit. the son is very unhappy and does not want to live with the mother anymore. When proposed if the son could come and live with the father she stated ''she would first be homeless''. He is now 11yrs old does not like his living enviroment (mother recently married) and just continues to ask when will we be able to get him out.
2 Answers from Attorneys
Re: custody case
your son will need to commence a petition for modification of the existing parenting plan, if there is one. Otherwise, he'll need to petition to establish a parenting plan. He may also have a case for custodial interference, so if there is a parenting plan in place, he should seek to hold her in contempt by filing a motion with the court. Although, your son could start an action in Washington, since Maryland still has jurisdiction over the child, he should contact an attorney in Maryland.
Re: custody case
If you feel the mother is violating the existing visitation order, your husband can file a petition to show cause in the jurisdiction here in MD where the divorce was granted, presumably Baltimore. A hearing would be scheduled where each party can present evidence on this issue. If the court sides with your husband, it will order the mother to comply with the order and quite possibly order her to pay his legal fees.
As far as custody is concerned, you would have to file a petition to change that, and be able to show that it would be in the best interest of the child to live with his father. You can do this in MD but also in WA, since that's where the child has established residency at this time.
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