Legal Question in Family Law in Maryland
Visitation
My husband was divorced in TN from his 1st wife about 9 years ago. She moved with the child to Maryland right before the divorce was final (without permission). We are currently living in SC. His son is now 11 years old. In the divorce papers my husband is suppost to get visitation every other holiday and 3 weeks in the Summer. The mother, 8 years ago didn't want to give visitation due to the boys age. Now the mother wont give visitation because she says the child doesn't know his father. My husband is also suppost to get to talk to his son on the phone weekly. The mother usually says that the child is not at home or puts the child on speaker phone so that she can listen to the conversation. We drove to Maryland one time (9 hour drive) and she said that they had a birthday party to go to and let my husband see his son for only 30 minutes. This visit was planned 1 month in advanced with her.
Now, they have moved again (somewhere in MD), we have their address but not their phone number. My husband pays child support monthly. We are never late.
Who do we go to about visitation? Which state TN (divorce happened), MD (child Lives) or SC (we live)?
1 Answer from Attorneys
Re: Visitation
MD now has jurisdiction to hear issues arising from the divorce since the child is now a MD resident. Your husband should file a petition in MD to modify custody and enforce the TN court order. He could go back to TN, but since you don't live there it's likely she could successfully petition to have the case transferred here anyway. He should seek the assistance of an experienced MD family attorney to represent his interests if he is determined to reestablish his relationship with his son.
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