Legal Question in Family Law in Maryland

My girlfriend moved in with me 20 months ago. We never married. I supported her the entire time she was here. She never went to school here. She only worked four out of the twenty months that she was here.

We have an 8-month-old daughter. Things weren't working out between us so she recently moved back to New York with her family as of May 4, 2012. She took our daughter.

Originally, we were planning on having an informal, written agreement between us notarized regarding custody/visitation/etc. We are not agreeing on the terms (specifically allowing my daughter to come down from NY to MD, occasionally). She does not want her to leave her sight at all.

She is not working nor plans to. She plans on going to school up there and they have daycare at the school so she can attend classes. Her mother and sister are there to support her financially/emotionally and with our daughter if needed.

It looks like this will have to go through court. Is it going to have to go through the Maryland court system? or New York's?

Any other suggestions??


Asked on 5/14/12, 3:04 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Within the first 6 months after she left for NY, MD would continue to have jurisdiction, which you would have to institute. After that the child would be considered a NY resident and jurisdiction would lie there. You could file for joint legal custody, not necessarily fighting her for physical custody given your daughter's age, and a structured visitation schedule. You will have to start paying child support. Your first step should be to consult with a family attorney who can guide you through the process.

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Answered on 5/15/12, 11:53 am


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