[helpstep]

If a father of a child opens a case in Maryland (custody/visitation) can another case be opened by the mother in the state of TX before the MD case is closed?

[cdad]

1) Is there a case already somewhere?
2) Which one of you moved?
3) how long have you been in Texas with the child.

[ScottGem]

If no case has ever been opened, jurisdiction generally rests where the child lives. If a case was opened where the child previously lived and the non custodial parent continues to reside in that jurisdiction then that court should maintain jurisdiction.

If both parents have moved out of the original jurisdiction, then the custodial parent can file to have jurisdiction where the child is.

[helpstep]

That makes sense to me. I don't know why this is happening then? A MD case was opened on 07/07/09 by the father and another case was opened in TX on 07/28/09 by the mother. Child was born in MD and mother fled to TX. According to the MD case search web sit the case in MD isn't even closed yet. Can TX make decisions on the case while MD case is still open?

[ScottGem]

How soon was the case filed in MD after she fled? How long has she lived in Texas? Has the father informed the Texas court that there is pending litigation in MD?

[cdad]

By the dates being posted the MD case takes precident. Nobody was in Texas long enough to have established residency yet. Based on the dates given. Also was the couple married ?

[AK lawyer]

The Uniform Child Custody Jurisdiction And Enforcement Act,
Is the law in both states. A close reading of that act would determine which state has jurisdiction, and it looks that in this state Maryland would be the proper forum.

[helpstep]

By the dates being posted the MD case takes precident. Nobody was in Texas long enough to have established residency yet. Based on the dates given. Also was the couple married ?

Nope. They were never married. What if the father in MD was served first with TX papers before the mother in TX was served with the MD papers?

[helpstep]

1) Is there a case already somewhere?
2) Which one of you moved?
3) how long have you been in Texas with the child.

1.) BOth states have cases open. See #2 for dates.
2.) The child was born in MD in June of 2008. The mother moved in December of 2008. The father opened case in MD 07/07/09 and mother opened case on 07/28/09 in TX. The father was served with TX papers first.
3.) Child has been in TX since 12/2008

Isn't it true that a case cann't be opened in TX until case in MD is closed?

[AK lawyer]

1.) BOth states have cases open. See #2 for dates.
2.) The child was born in MD in June of 2008. The mother moved in December of 2008. The father opened case in MD 07/07/09 and mother opened case on 07/28/09 in TX. The father was served with TX papers first.
3.) Child has been in TX since 12/2008

Isn't it true that a case cann't be opened in TX until case in MD is closed?

These new facts may change things. We don't have the exact dates, but it is possible that although Maryland may have initially been the home state, the child then may have been in Texas for at least six months before the Maryland action was commenced, in which case Texas would have become the home state, depriving Maryland of jurisdiction.

"Home state" is defined as the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding.

If the mother and child moved to Texas in the first week of December, they had lived in Texas for six months before the Maryland action was (improperly) commenced. In such case a motion to dismiss the Maryland case would be in order.

[ScottGem]

Besides what AK correctly states, there is also the fact that you were not married. Was any action taken to establish paternity prior to the mother moving? Is the father listed on the birth certificate as the legal father?

[helpstep]

No action was taken prior to her moving to est. paternity and father is not listed on BC
A DNA test should be taken for sure. This is what her laywer in TX is telling dad:

a.) sign over your rights and you won't have to pay child support

Or

b.) we will throw you in jail for $4k owed in back child support

It's not up to the mother if he doesn't pay CS. Isn't it his legal responsibility to financially provide for the child unless he's adopted even if rights are given up?

[helpstep]

Also, no documents or notification from the TX courts was ever sent to the father stating a CS order was in place, nor did he submit financial statements. The mothers lawyer in TX is saying $4k in arrears because he is supposed to pay $700 per month (according to them). I think they are just trying to scare him

[cdad]

No action was taken prior to her moving to est. paternity and father is not listed on BC
A DNA test should be taken for sure. This is what her laywer in TX is telling dad:

a.) sign over your rights and you won't have to pay child support

or

b.) we will throw you in jail for $4k owed in back child support

It's not up to the mother if he doesn't pay CS. Isn't it his legal responsibility to financially provide for the child unless he's adopted even if rights are given up?

The Texas lawyer is trying to bleed his client of money. He sounds like a scam lawyer. Another thing is. Has there been anything in any court previouse to this that has been done affecting the child like a suport order? If there has been nothing and the MD case is first and that is the home state then that is where it resides and child support will be based upon law in MD. If the games continue then he really needs a lawyer to keep him out of trouble. I can see this getting all mixed up if not followed carefully.

[ScottGem]

Well here's the thing. If the case was filed 7/28 AND if the court awards $700/mth then yes he could owe upwards of $4K in arrears. But there is NO way he would be jailed for this. Instead the court woul increase the award to cover the arrears for a period. My advice would be to start putting away $700 a month in case he loses. Second, TX will not allow him to just sign over his rights. Also I believe Texas is one of the states that terminates rights and not responsibilities, so its not true that support would not have to be paid.

Did her attorney make these threats in writing?

Bottomline is the father needs to consult an attorney ASAP. If the mother has one, the father has almost no chance.

[helpstep]

Could the mom possibly get in trouble for kidnapping? He has never been allowed visitation or even pictures of the child. When she filed in TX for custody she also asked and received a temp restraining order.

[ScottGem]

No, since there was no custody established before she left.