Legal Question in Family Law in Maryland
Transfering Child Custody case from state to state
My three children (two biological daughters and a third, non-biological daughter whom I have third party guardianship) have lived with me in Maryland since April 2007. However, my custody was obtained through a court order in Washington State dating back to 2000. How can I transfer jurisdiction of the custody order from Washington State to Maryland, and modify provisions to the Washington State order (examples include my responsibility to pay for travel expenses for the mother to visit the children under supervised visits, and acquiring child support from the mother).
1 Answer from Attorneys
Re: Transfering Child Custody case from state to state
Next month the children will have been with you for 6 months, at which time the MD court can assume jurisdiction over the matter. If the mother still lives in WA, you will first need to get a ruling from the court in Washington that it would be better to let MD assume jurisdiction due to the present residence of the children. Then you can file a petition under the MD Uniform Child Custody Jurisdiction and Enforcement Act to request any modifications in the Washington custody order. However, child support, which you mentioned in your question, is governed by a different, albeit similar, law, and different criteria apply as to whether MD can assume jurisdiction. I suggest you schedule a consultation with a family law attorney for more information.
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