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How to Get Custody of a Child When the Other Parent Leaves the State With the Child
All states in the United States of America follow the Uniform Child Custody Jurisdiction and Enforcement Act. Each state has its own version of this law codified in its own statutes.
In the State of Maryland, this act is found in Family Law Article Section 9.5-201, initial state child custody law. This law provides that:
In essence, if you have had primary physical custody of your child/children for more than 6 months prior to the other parent taking the child/children out of the current state, then you have the right to file for custody in your current state to ultimately attempt to force the other parent to return the child. If the other parent attempts to file for custody in another state, you first must file in your home state and then hire an attorney in the other state to file a motion under the Uniform Child Custody Jurisdiction and Enforcement Act to have the custody case in the other state dismissed. Or in the alternative to request a conference between your home state and the other state to determine which state has jurisdiction over the custody of your child/children.
This situation can be stressful and it is strongly advised to contact an attorney to help you navigate through this process.
The Maryland courts will always determine child custody based on the best interests of the children.
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