Legal Question in Family Law in Maryland

Validity of summons

I was served summons by an attorney at my home in Montgomery County to file a wriitten response with the Frederick County Circuit Court. This summons pertains to establishing a formal visitation agreement, which has been absent ever since I was given custody of our then eight year old daughter. With present exception our now thirteen year old daughter has maintained a typical routine of visitation...everyother weekends, holidays, summer vacation extended visits, etc. Recently we stopped visitation with the stipulation that both parties get together and air out some serious concerns...needless to say this didn't work. I did not so coincidentally receive a written invitatation to possibly discuss matters one day before being served. To make a long story short is it reasonable to ask that the jurisdiction for this matter be changed to the county where I the custodial parent reside?


Asked on 10/19/00, 1:21 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Validity of summons

Since the Fairfax court had original jurisdiction and assuming your ex still lives there, the jurisdiction will in all likelihood remain there. Courts are reluctant to transfer jurisdiction to another state as long as at least one of the parties has maintained a connection with the original jurisdiction.

It was probably not a good idea to stop visitation, since you are violating a court order. This is what precipitated the new court action. You should try to meet with your ex and work out a new visitation agreement that fits in with all the parties' (including your daughter) current schedule.

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Answered on 11/15/00, 2:07 pm
Carolyn Press Chung & Press. P.C.

Re: Validity of summons

It would be reasonable to ask the court to transfer the case to the county where the child resides if you can honestly claim that witnesses with relevant testimony would be burdened by the need to travel to the court of original jurisdiction. If you were on the eastern shore and the case was originally filed in Garrett County, the need to transfer the action would be a lot more obvious. If you live near the county line between Frederick and Montgomery counties, the judge might be skeptical about the need to transfer the case, since the distance to Frederick isn't a lot farther than the distance to Rockville, but it wouldn't hurt to try.

Although the action has been filed in the court, it isn't too late to try to work things out privately. If you can do that, it's almost always better than the return to court. If you have never had court-ordered visitation, the Montgomery County court would probably order you to engage in mediation on the issue.

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Answered on 11/15/00, 2:27 pm


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