Legal Question in Family Law in Maryland

School Jurisdiction

My daughters father and I have joint custody via a pendente lite order to keep things status quoe for now. She is 4 and will start Kindergarden this year. We go for the final hearing in one month. I am seeking primary physical custody with liberal visitation. He is seeking the same thing but is representing himself. A school district needs to be determined by the courts. He moved to PA and it is a 23 min drive between our homes. I am in MD, our daughter was born in MD and the hearing is in MD. He has moved four times in less than three years. I have maintained a stable home. What are the chances of him getting custody and more importantly jurisdiction for her schooling? Please help if you have any answers especially regarding what determines the school district. Thank you in advance.


Asked on 2/27/08, 10:35 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: School Jurisdiction

Courts like stabile environments for children, especially those your daughter's age. So without knowing more about the case, I'd say you have a pretty good chance of having primary residential custody. She will need to be a resident of the state in which she attends (public) school, so a shared custody situation, given the different states, would seem impractical.

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Answered on 2/27/08, 3:55 pm


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