Legal Question in Family Law in Maryland

Reversal of Child custody primary residence

I sued for custody of my 15 year old daughter last year in MD. Her mother signed her over before the first mediation. As of December 2001, her mother has sued me to get her back. I was never served properly and the case was shelved in December. She refiled the paperwork in January of this year and I received a letter in the regular mail informing me of a scheduling hearing in March of this year. I did not receive any new paperwork to inform me of the revised filing and was not served again by her attorney.

My question is what do I need to do to file a motion stating that I was not provided the filing, or should I? Also, my daughter is now a resident of TN ( the 6 month waiting period has expired), so how do I motion for a change of venue (or transfer) to TN.

Thank you.


Asked on 2/14/02, 9:46 pm

2 Answers from Attorneys
Joseph Trevino Law Offices of Joseph A. Trevino

Re: Reversal of Child custody primary residence

You have the child. You got her legit., she consented to you having her. You are in TN,the child is TN and now have residency. Service is no good. So the attorney for the mother is just wasting time because MD has not obtained jurisdiction and you have not submitted to it. Your best course would be to petition the TN court to grant you TN custody, or enroll the decree you now have from MD where the mother gave you custody. I am not sure exactly what you have, but whatever you got in MD you can register in TN; that, or petition anew. GOod luck to you.

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Answered on 2/14/02, 10:49 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Reversal of Child custody primary residence

Where are you? If the child is in Maryland and has been so then juridiction over the child lies in Maryland, however, if the child is in Tennesse then there is another matter. Jurisdiction over the child may vary depending on the circumstance. Custody in Tennessee and/or an agreement may change things. If the matter is before Maryland courts, feel free to contact me at (410) 799-9002.

G. Joseph Holthaus III

(410) 619-5198

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Answered on 2/17/02, 8:03 pm


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