How to change jurisdiction for child custody in Maryland

Many divorced parents may live in different states only a few miles apart in areas such as Maryland, Virginia, and the District of Columbia. That short distance can lead to complications when one parent requires a change in a child custody agreement. The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) guides parents. An experienced Howard County child custody attorney can explain how this act applies to your situation and assist you in making the change.

What is the Uniform Child-Custody Jurisdiction and Enforcement Act?

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) affects all 50 states and the District of Columbia. It removes many problems involved when one parent who wishes to retain custody must relocate to a different state. Instead of going through a new family court system in a new state, the federal act ensures that the existing custody order is upheld and respected by the new state.

For example, suppose a couple divorces in D.C., and both parents are awarded joint custody. In that case, one parent cannot move to Maryland and have a new custody trial to remove the other parent’s custody rights. The UCCJEA uses a rule to determine the child’s home state: wherever the child has resided for at least six months within the previous six months. Therefore, in the last example, the child’s home state is still D.C., although they may have recently moved to Maryland.

When could I change jurisdiction for child custody to Maryland?

Continuing with our example, is there a time when the parent could request a change to child custody so that Maryland is the jurisdiction? The answer is yes, as long as the child has lived in Maryland as required by the UCCJEA. After one year, the child would have lived in Maryland for six months of the previous six months, and the parent could file a petition to change custody in Maryland.

How do I modify an existing custody agreement in Maryland under UCCJEA?

Consider a case where one parent wishes to modify a custody order to receive joint custody after only having visitation for many years. If the original order was given in Maryland, but the other parent and child have been living in Virginia for eight years, it may seem the UCCJEA dictates that the custody be modified in Virginia, given the six-month rule.

However, since the original order was given in Maryland, the UCCJEA states that since a Maryland court made the initial decision for custody, they will retain the right to hear modification petitions. This includes modifying custody, visitation, and child support payments.

Does Maryland have jurisdiction if both parents no longer live there?

If neither of the parents or the child lived in Maryland at the time of the petition, then Maryland would no longer have jurisdiction to make a change. Instead, the matter of a custody change should be heard in the family court where the child currently lives, in this example, Virginia.

If appropriate, the parents could also request a written order from the court that issued the original child custody decree indicating that the court no longer has jurisdiction.

How does Maryland handle emergency custody requests?

When one parent is not following the terms of an existing custody agreement or behaves in a way that causes the other parent to fear for this child’s safety, Maryland allows emergency custody petitions. Instead of weeks, the court may hear your petition in days if the circumstances are severe enough to risk endangering the child.

For example, you can request emergency custody in the following situations:

The child is being neglected or abandoned, including denying medical care or forcing them to submit to unnecessary treatment.
You know or suspect the child is suffering physical, sexual, or emotional abuse, including threats not yet acted upon.
The other parent engages in illegal activities.
The other parent abuses drugs or alcohol, especially in the child’s presence.
The child witnesses abuse, dangerous activities, violence, or addiction in the home.
The other parent was convicted of abusing or neglecting another child in the past.
The child is not in a stable or safe home.
You suspect the other parent will take the child out of the state or country without your permission or in violation of an existing custody order.
The child is not given basic needs, such as clothing, food, shelter, medical care, hygiene products, and education.
The child is left in the care of another person who meets any of these conditions.

Speak with a child custody attorney immediately if you suspect any of these problems when your child is with the other parent. If a Maryland court rules on the original custody order, it will have jurisdiction to issue an emergency custody change.

How can I learn more about child custody matters in Maryland?

The laws surrounding changing custody jurisdiction are complex and challenging to understand without professional and skilled advice. Emotions often run high and can further cloud your ability to make sound decisions or research what must be done. Rather than make a mistake that could cost you time with your child, contact an experienced child custody lawyer at Coover Law Firm to discuss the next steps.

Call (410) 553-5042 to schedule a meeting or send a message today.