Legal Question in Family Law in Maryland

State to state parental rights

Upon leaving the state in which one's children reside with the other parent during a legal separation does the spouse who moves to another state have to have an attorney from the state in which he used to live in order to complete a divorce--particularly for a father worried about parenting rights and privilages?


Asked on 8/09/03, 9:26 pm

3 Answers from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: State to state parental rights

It would be a very good idea if you did hire an attorney from the state where the children now reside and the divorce or dissolution of marriage is currently in litigation. The other two attorneys from Maryland are quite correct in that you would be incuring extra legal expense by trying to fight the custody and visitation issues from Washington. If you are reallyserious about these issues, then get Maryland counsel immediately.

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Answered on 8/11/03, 1:45 pm
Lisa Lane McDevitt McDevitt Law Office

Re: State to state parental rights

If I understand your question correctly......if you desire to have visitation or custody with the children then you should retain an attorney in the state in which the children have lived for the last 6 months. That court will have jurisdiction. If you just want a divorce without having the court decide property, support or child issues then you may likely hire an attorney in your new state and file just for the divorce there once you meet the residency requirement. This often is not worth it, however, because it doesn't solve all your issues with regard to property or your children. I hope I have provided you with the answer to your question. If not, give me a call at either my MD office at 301-652-0663 or my VA office at 703-968-3974. Good luck to you.

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Answered on 8/10/03, 2:45 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: State to state parental rights

Your question is to the point. You basically ask whether you can take your children and live in another state (i.e., Washington State where the children lived with both of you in Maryland). You risk a counter-claim of alienation of afffection and possibly kidnapping. I realize that fathers often think that choices are limited. You should pursue this matter properly through appropriate notice and filing. You make clear that you want paternal rights; you should fight for them appropriately. Contact an attorney should you decide to file for custody. (410) 799-9002

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Answered on 8/10/03, 9:11 pm


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