Legal Question in Family Law in Virginia

State Filing for Custody Dilemma

Divorced in VA, reside in MD, x and I have joint physical custody of our son, can I file for full custody here in the state of Maryland, as x was recently investigated by DSS in Maryland for child abuse and found guilty, however divorce not final in VA at time, therefore, judge was unable to rule on a new custody arrangement per the Uniform Custody Act. What do I do? Where do I file? What is the law which applies to this situation? Please cite, so that I may review as well. I am desperate for my child's sake! Please help!


Asked on 7/26/00, 2:28 pm

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: State Filing for Custody Dilemma

The Maryland Uniform Child Custody Jurisdiction Act can be found in the Family Law Article of the Maryland Annotated Code, sections 9-201 through 9-224. The section which will be of most help to you is 9-204, which deals with grounds for jurisdiction in the courts of Maryland. If Maryland is currently the state of the child's residence, and if the child has lived in Maryland long enough to have significant connections with Maryland (relatives, friends, school, doctor, people who know the child and can testify regarding matters relevant to a custody determination), then Maryland is most likely the state in which you should file for custody. If custody is going to be contested, or if the other parent is likely to try to remove the case to another jurisdiction, please don't try to do this without an attorney. A contested custody action is difficult and can be very ugly, particularly in situations such as the one you describe.

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Answered on 9/13/00, 5:27 pm


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