Legal Question in Family Law in Maryland

Re: Reversing Custody

Maryland continues to have jurisdiction over the custody order.

The custody, as ordered, will not be changed or modified until a threshold

showing of a material change in circumstance has been made. Thus, this is your

first line of defense to biological mother's attempt to modify custody. Your second

line of defense is as you stated regarding the child's disposition. Moreover, evidence

of improvement with the child's emotional state will assist in your defense. There are

several facets to your matter and defending against biological mother's attempt can be complex.

You should contact and retain a Maryland attorney so that you are ready to respond to any

modification that biological mother files. A response will be due in 30 days and this does not

provide much time for mailing and correspondence.

If you would like to discuss the matter further, contact me for a free telephone discussion.

G. Joseph Holthaus III

(410) 799-9002

Re: Reversing Custody

After looking at the answers of attorneys Trevino and Holthaus, and reviewing the question again, it is apparent more information is needed before a meaningful response can be offered. Jurisdiction might be in Tennessee, or in Maryland, or possibly in another state for all we know. Generally a child must be in a state for 6 months before that state gets jurisdiction, and loses jurisdiction as soon as another state acquires it.

Under TN law, a judge is required to HEAR the child's preference as to which parent the child wants to live with if the child is at least 13 and WANTS to tell the court what that preference is. But there is NO requirement that the judge FOLLOW the child's desire. In fact often the court will want to know why the child has that prefernce and in the process will see that putting the child where the child wants would be the worst thing possible. Take a look at my website at http://jesbeard.com/6b.htm for general advice to parents in custody cases and hopefully that will help prepare you if you do end up back in court.

Re: Reversing Custody

Sounds like a "shared legal Custody" arrangement with you having the primary residential custody award. It may mean that the mother has joint legal custody and now she is petitioning to reverse that arrangement by going to the Md. Judge who has jurisdiction,although the child is with you in TN? The controlling judge has the power to review the status at any time, if asked and no doubt a hearing will ensue at which time you or your lawyers can present the very same argument you just made: Should the child's wishes be given much (or any) weight, given the child's fragile mental and emotional condition? It is up to the Judge to weigh that.Good luck. Get ready with any evidence you may have to present in support of your opposition to the move. Thank you. Joe Trevino. (301)441-3131