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    Kappapsi96's Avatar
    Kappapsi96 Posts: 1, Reputation: 1
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    #1

    Aug 3, 2011, 05:57 AM
    Can my child mother sue me for legal and physical custody in two states?
    My son's mother has not allowed me to see me newborn son for almost 18mos. He is now 2 years old. About a year ago. I filed for partial custody and visitation; we also have a child support order in the state of MD. She without my knowledge packed up and moved my son to PA. I could never serve her papers in court because I did not know her whereabouts. I hired an investigator who located her in PA living with her mom and working in the state. I filed in the state of MD with this information and she responded with her MD address indicating to the courts that she still resides in MD but in PA she has petitioned the courts with a lawsuit for full legal and physical custody. I attempted to enter into an agreement with her on visitation rights to my son and she has not responded to any of my request. We have an upcoming court date in MD where I petiton the courts for a modification on child support, partial custody and visitation. I do not see how this will work out considering she has not allowed me to see my son and she has moved him 3hrs and 45 minutes. Away from me. Can she do this while maintain dual residency?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 3, 2011, 06:09 AM

    Jurisdiction is where she resides. You have to "take her where you find her." That means that is you live here and she lives there and she did not defy a Court Order when she moved, you have to live with the situation BUT the good news often is that because you can't, for example, see the child during the week and on alternate weekends due to distance when you DO see him it is for longer periods. This will become important as he gets older.

    The Court will determine which State has jurisdiction and her game will be over.

    It will work out. It will just take a little time to settle jurisdiction.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 3, 2011, 06:40 AM
    Quote Originally Posted by JudyKayTee View Post
    Jurisdiction is where she resides. ...
    I beg to differ.

    It's with the child's "home state", in this case, Maryland, assuming she didn't move at least six months before OP filed his petition.

    The Uniform Child Custody Jurisdiction And Enforcement Act is quite specific. I believe jurisdiction is in Maryland.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 3, 2011, 07:07 AM
    Quote Originally Posted by AK lawyer View Post
    I beg to differ.

    It's with the child's "home state", in this case, Maryland, assuming she didn't move at least six months before OP filed his petition.

    The Uniform Child Custody Jurisdiction And Enforcement Act is quite specific. I believe jurisdiction is in Maryland.

    No problem - I was "assuming" that the child lives with the mother; therefore, the child resides where the mother resides.

    Agreed - it appears to be Maryland.
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