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Changing custody jurisdiction
Anonymous7 views2 answers
Marriage was in Virginia. Divorce was finalized in Minnesota. Primary caregiver lives in Maryland. Other parent resides in Minnesota. Parents have joint physical/legal custody. Primary caregiver (that resides in Maryland) has child 8 months of the year until child turns 7, then custody goes to other parent until child turns 18. High conflict parenting relationship. Child (age 4) with mental health issues due to parenting issues. Is it possible to have finalized parenting issues moved to Maryland?
Your question involves issues regarding jurisdiction. It is not clear how long the children/you have resided in MD. It appears that you may have a case to enroll/register the Minnesota order in MD. Once enrolled, you can request that the court modify the situation based on some of the issues you have described. The court's role will be to assess what is in the best interests of the children. You should consult with an attorney immediately to discuss how best to proceed.
Deidra Nicole ProctorFamily Law AttorneyUpper Marlboro, MD ·
The custody arrangement that you have described is very unusual. Since your child now lives in a new state and suffers from mental health issues, you may be able to make the case that there has been a "material change in circumstances." This will allow the court to reconsider whether the previous agreement is still in your child's best interest. The jurisdictional issue of whether a case can properly be filed in Maryland will depend on how long the child has resided in Maryland. An attorney can advise you on the steps required by statute to file. I highly recommend that you speak with a Maryland child custody attorney. Many offer free initial phone consultations.
