Re: Changing Custody papers

You should first have the original order from the other state enrolled here in MD.

You have to get a certified copy of the order and a certified copy of the docket

entries from the Court in the other State.

Once the order is enrolled here, you then need to file a motion to modify the order.

I strongly urge you to seek advice of counsel on this matter.

Re: Changing Custody papers

If you and the child's mother are both living in

Maryland then this is the state where you will want

to proceed. What the Court will decide will depend

on a whole lot of factors such as the age of the

child, what is contained in the agreement, and so

forth. If your son is doing a lot better with you

than he was with his mother then you certainly

have a chance at succeeding. Give me or another

lawyer a call to talk about this further.

Re: Changing Custody papers

You don't say how long you have had your son with you or whether his mother is also in Maryland. These are important facts in a determination of where a change in the custody order should be sought. If your son has lived in this state, and particularly in your part of the state, for long enough to establish ties with the school, friends, relatives, a doctor, boy scouts or some other organization, these are facts which might permit you to file for a change in the custody order in the county where you live. If your ex-wife lives in the state where the order was first entered, that may be a problem. If neither of you still lives in that state or has lived there recently, rush to the best family law lawyer you can find to file for a change of custody in your court. The mother may fight to have the case moved to another jurisdiction or venue, but I would put up a good fight to keep it on your home ground, which is now also your son's home ground. You want to be able to make a strong case that where you live is where the best evidence is, and the best witnesses are, concerning your son and his best interest. While you are preparing to file for a change of custody, you are probably under no obligation to return your son to his mother (but this depends on the specific language of the original custody order and any agreements which were drawn up when she sent him to you). Again, you need to consult with a good lawyer who can read the documents and advise you.

If what you say about the great progress you and your son have made together is true, you should have a very good chance of retaining physical custody. Good luck.