Where to File for Custody

My question involves a child custody case from the State of: Maryland and Delaware

My daughter has been living with me in maryland for 3 years for 9months out of the year. Before then she was living in delaware.

I want to file for custody cause we cant agree on were she should go to school.

Were do I file for custody Maryland or Delaware?

My daughter will be 12 in october, is she old enough to decide for her self were she wants to go to school at?

You now have two threads going. While sometimes that's appropriate, here you're effectively splitting facts between threads -- and the facts are important.

You appear to be stating that you and mom share custody, with the child living with you in Maryland for the school year (9 months) and staying with mom in Delaware over the summer (3 months). You appear to be stating that you formerly lived with the mother in Delaware, or possibly that the child formerly lived with the mother in Delaware until you entered the present shared parenting arrangement. You appear to be stating that mom has decided not to return the child to you at the end of the summer, but instead to enroll her in school in Delaware and maintain custody of the child in Delaware. It appears that you were never married to the mother. Is all of that correct?

That is correct

If the child has been living primarily with you, with the periods of residence exceeding six months, has attended school in your state, and has been with mom for only a couple of months, I would expect that even if custody cases were filed in both states Delaware would cede jurisdiction to Maryland as the child's home state. There are factors that could complicate that analysis for an initial custody determination, depending on what your ex- might allege as a competing set of facts were she to file in Delaware. If you're the first to file and you want to file in Delaware, under the facts as stated I would expect the case to stay in Delaware.

Basically, a child's home state is going to be regarded in most circumstances as the state in which the child has resided with a parent for the six consecutive months preceding the petition. You are in a good position to argue that you fit that description, with mom's present custody being in the form of visitation. Mom is in a weaker position to argue that Delaware is the child's home state because the child has not resided in that state for more than three consecutive months over the past 2-1/2 years. Also, even if she were to allege facts to try to keep the case in Delaware, such as by alleging that you agreed that the child should reside with her and that the child had thus abandoned Maryland as her home state despite the short duration of her residence, all else aside a court would look at factors such as which state is the most convenient forum for litigation -- and, due to the presence of school friends, teachers, the child's doctor, and the like, that's almost certain to be Maryland.

Given how little time is left before school starts, I suggest trying to retain counsel and get something filed as early as possible in the coming week.

If I respond twice its only casue I still figuring out how to use this. So I apologize in advance. Sorry, But yes you are correct

- - - Updated - - -

I went to file in delaware today and they told me to file in Maryland due to the fact she has been living in md for more than 6 months. Not very familar with it all so I wanted to get some clarity.

Quote:

---

Quoting bjohnson5588

---

...I went to file in delaware today and they told me to file in Maryland due to the fact she has been living in md for more than 6 months. Not very familar with it all so I wanted to get some clarity.

---

As already suggested, you are well advised to retain an attorney. An initial custody determination that will be contested is not a DIY effort. Especially since mom now has possession and lives in another state. You could easily end up with the short straw over primary custody and child support if you are not well represented.

With my daughter being 12 is she old enough to make a decesion on were she wants to go?

She's old enough to state a preference. If you and mom can't come to an agreement the decision is made by the court, not the child.

Thanks for your help, I greatly appreciate it

Could I file for temporary custody?