Legal Question in Family Law in Maryland
If a judge will not relinquish jurisdiction when neither party lives in that state anymore, and hasnt for three years, how do I get the court of the state i live in to take the case? I have been turned down by mt atate until the other state lets it go, Is there anyway around this? The UCCJEA covers the laww on this but it is impossible to do.
1 Answer from Attorneys
The UCCJEA permits the transferee state (MD in your case) to accept the case notwithstanding the lack of cooperation from the originating state if neither party nor the child lives in the originating state, or if MD determines that it is a more convenient forum. However, states to whom transfer is sought tend to defer to the originating state, so if your ex is fighting transfer that will probably hold it up. Your only option at this juncture would be to file an appeal and try to overcome the burden of overcoming the exercise of discretion by the circuit court.
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