Legal Question in Family Law in Maryland
How do I obtain primary custody of children in another state?
I moved to Maryland last year for a job promotion, leaving my children in Washington State with their mother (we have been divorced for ten year). Although I have primary custody in court order, they have been living primarily with their mother for the last three years (we had lived in the same town so visitation, working out custody issues were not a problem). However, the mother's pyschological issues, inability to properly take care of the children from an emotional and financial standpoint, threats to myself and my fiance, and the overall welfare of the children have led me to seek a return of my children to me. Since we are now in different states, what is the best approach to take the matter to court to revisit the issue (can I file in MD or must I return to the court in WA that handled the original custody case, will I need to handle a WA St. attorney to handle the case). Any guidance that could assist me would be appreciated.
2 Answers from Attorneys
Re: How do I obtain primary custody of children in another state?
I need to review the full judical record to provide advice.
A parent who has both legal and physical custody of a child can decide as to the needs of a child without interuption of the other parent in accordance with the visitation order.
Physical custody generally establishes jurisdiction over a child which you indicate is currently not in Maryland.
You should contact an attorney.
Re: How do I obtain primary custody of children in another state?
While it is possible to enroll the out-of-state Order in Maryland, I think you would need to contest the matter in Washington since that is where the children are residing.
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