Legal Question in Family Law in Maryland
where do i go?
hi,
my ? is....i want custody of my daughter i live in new jersey my daughter lives with the mom in maryland..
do i get a lawer from maryland for custody or do i file for it here in new jersey? if i win custody the child will live here in new jersey with me. but i still need to know where do i go for a lawer new jersey or maryland?thank u
2 Answers from Attorneys
Re: where do I go for custody of my daughter?
Jurisdiction over a child is usually where the child resides. In your case the Child resides in Maryland, therefore you will need a Maryland lawyer.
Re: where do i go?
If the current custody status comes out of a court order, such as the divorce decree, you'll probably have to go back to the state that issued that order, unless it's neither MD or NJ. In that case, you can file in either state. From a practical standpoint, the court will want to conduct an investigation, which will consist of assigning a court social services worker to do "home visits" at both locations to see whose situation is best for your daughter. Whichever court takes jurisdiction will coordinate with the "sister" agency in the other location for this purpose. Bear in mind that courts are reluctant to change custody unless there's a compelling reason to do so.