Legal Question in Family Law in Maryland
custody
my child was remove from me in South Carolina they gave custody to my brother, Which he lives in the State of Maryland, they close the case in South Carolina. I live in the State of New York, this is the child home town, I was told the only way to get my child back is to file a petition, there is no open case in Maryland, Questuon can i file here in new york for custody of my child, please help me i don`t know what to do ,my brother and his wife is telling my daughter that they are her mommy and daddy,the only way i can talk to her i have to say i am her auntie and that her sister is her cousin, this is really hurting my fifteen year old daughter and i,what can we do ? do i get a lawyer in maryland or do i get one in new york since this is where i live at and this is where she will also be living. question is there suppose to be an inter state compact done when transfering a child to another State?What do this all sound like to you on what my brother is doing to me? please please help me. God Bless, thank you so kindly.
2 Answers from Attorneys
custody
The State where a child resides for the 6 months prior to any court action is the State that has jurisdiction. Therefore, you must file your petition for child custody here in Maryland.
Re: custody
If the child was in the State of Maryland for more than 6 months, than Maryland has jurisdiction. You must file the petition in Maryland.
Mike.