Legal Question in Family Law in Maryland
Out of state custody mess
I have joint legal custody of my 14 yr old daughter. Her dad
has physical. I live in MD. He was in PA for past 2 yrs with wife. They split up and he has left my daughter up there with his wife. He now lives in MD. I tell him he is
in clear cut violation of court order. I told him that she is to live with him or me but not stay up there with his
wife. Now I find out that the wife has a boyfriend that has
moved in with her with his 2 kids.
He knows all this is going on and says that he and his wife
(soon to be ex) have decided amongst themselves that my daughter is staying in PA. That is what is best for her he
says..I say NO WAY!!!!!!!
I am trying to get the papers filed but he thinks just cause out court order is dated 1996 that it is null and void. I told him that the courts say it still is valid.
The main ? I have is when she comes in 1 week for her summertime visit, do I have to take her back to him, knowing that he will take her back to PA to his ex?
PLEASE HELP
1 Answer from Attorneys
Re: Out of state custody mess
You are correct that your '96 order is still in effect and will be until modified. If you want to gain physical custody over your daughter, you should immediately file a petition to modify the current order. You didn't say which state issued the '96 order, but since you are both now living in MD, you can file it here. If the old order was from another state, you'll have to register it here in the circuit court where you plan to file for modification.
Although technically you'll be in violation of the order by not returning your daughter to her father after visitation is over, given the circumstances, and assuming your daughter wants to stay with you, I think you can justify it. You would argue that the housing situation in PA as you described it endangers your daughter. You should file your court papers as soon as possible so you can point that out in defense to any attempt by your ex to have you held in contempt for keeping your daughter. His motive in wanting your daughter to stay in PA is probably to avoid having to pay child support.
As there are complex issues involved in this case, you certainly should seek the services of a family law attorney to assist you.
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