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  1. #1
    Join Date
    Jun 2011
    Posts
    6

    Default Can Child Be Removed from State While Custody Hearing is Pending

    My soon-to-be ex-wife and I are in the process of a divorce involving one minor child in the state of Maryland. She filed the papers and there is a temporary custody hearing scheduled in July.

    The ex moved from Maryland to Florida in February or March and left our child behind in Maryland with me, where she has remained since then. Last week I traveled to Florida to visit some of my family and while I was there, I allowed our daughter to visit with the mother for the weekend. For whatever reason, she decided to not return the child to me and she is now hiding out with her at an unknown location.

    I have documentation proving that the child has been living with me since at least March and although the Florida Department of Children and Families is investigating on my behalf, I was told by several people that the State of Maryland has full jurisdiction over the child due to the pending hearing(s). Is that correct? If so, does that mean the State of Maryland can require that she be returned until the hearings are completed? If that is the case, how do I petition the courts for such an order?

    I have spent countless hours calling and researching and I have found information that leads me to believe this is true, but I have not found a way to verify it or ensure that an order is granted. In the meantime, I have had to cancel my flights back to Maryland, rent a car for almost 2 weeks now, and I am living out of a suitcase while trying to bring my daughter home. I will not be leaving Florida until I do so. Any help would be greatly appreciated. Thank you so much!

  2. #2
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Can Child Be Removed from State While Custody Hearing is Pending

    Unless there are temporary orders making you the custodial parent, or restraining the child from leaving the home state, the mother has equal rights of possession, and no one will force her to give you the child. It does not matter that you have documentation the child has been with you until recently.

    As these things go, and although it may not be fair, if push comes to shove with the child in Florida, and police are called in, they will most likely allow the mother to retain possession of your child.

    At least until you return to MD and get a court order mandating the child be returned to MD. And if this is a DIY divorce, it just got a heck of lot more complicated, and at this point you will need an attorney to properly handle this matter.

  3. #3

    Default Re: Can Child Be Removed from State While Custody Hearing is Pending

    If the divorce was filed in Maryland while the three of you were living there, Maryland courts will have jurisdiction over custody unless and until they release custody to another state.

    If two weeks of effort in Florida have not resulted in your finding your child, you need to go back to Maryland. I would advise hiring an attorney in Maryland right away. If the original divorce papers were properly filed, it should not be a problem for an attorney to obtain orders directed to your wife to return the child to Maryland. If she does not return the child, your chances of obtaining custody will get better.

    You'll have a hard time making the proper arguments on a pro se basis.

  4. #4
    Join Date
    Jun 2011
    Posts
    6

    Default Re: Can Child Be Removed from State While Custody Hearing is Pending

    Thank you VERY MUCH for all of your advice. I think I will stay here for a few more days until DCF completes their investigation and then I will contact an attorney as suggested. There is one here in Florida that is a member of the Maryland Bar as well so perhaps she can assist me prior to my departure.

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