Legal Question in Family Law in Maryland

Where can i find the Rule of Code for Maryland regarding Residency. I am in a custody case...where the father filed for full custody and has held a Delaware Residency for years, however he changed his address just prior (2 weeks) to filing for custody in Maryland.


Asked on 11/29/10, 1:18 pm

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If you live in Maryland with the children, it does not matter where the father lives if he files the custody petition in Maryland. The fact that he has moved to Maryland in the last two weeks sounds like a move to strengthen his case for custody, not to establish residency for purposes of being able to file suit in Maryland -- he can do that either way.

Best of luck******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 12/04/10, 2:22 pm
George Patterson Sasscer, Clagett & Bucher

Family Law Article 9.5-201 of the Maryland Code sets forth the jurisdictional requirements for the "home state" of the child. If the child previously lived in DE and the child has not resided in MD for the requisite period of time then you may be able to bifurcate the MD case and have custody determined in DE. If you are going to have a jurisdictional dog fight, you may want to read all sections of 9.5 of the Maryland code.

******The above is for informational purposes only and does not create an attorney-client relationship.*********

Daniel V. Renart, Esquire

Sassscer, Clagett & Bucher

(301)627-5500

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Answered on 12/06/10, 11:48 am


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