Modification of Custody

Custody re-evaluated due to new evidence and who has jurisdiction?

Custody was establish in VA due to that is where the child & the mother lived at the time. Now father has custody of the child & he resides in NJ the child has been there for over a year. The mother now resides in MD for about 5 months as of June …

Answer:

If you want to have custody re-evaluated, you can either go back to the court in Virginia, or file in New Jersey as both have concurrent jurisdiction. If you do file in Virginia and the father files to have the case transferred to New Jersey, it is likely the Virginia Court will do just that. In Maryland, the Child must actually live in Maryland for a minimum of six months before the the Court can even consider moving the case from Virginia to Maryland. In addition, the court of original jurisdiction retains jurisdiction until their is a change so that until the child reside here at least six months prior to being able to file in Maryland, the other court still has jurisdiction.

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