Parties - Is the caller a parent of the child(ren) in question? Proof of paternity

If NO - Third party issues Third party case law details
Previous/Pending Actions - State issuing prior order has continuing jurisdiction until all parties have moved from the state. Details on continuing jurisdiction

Regarding these child(ren), has a custody case been filed or custody raised as part of divorce action?

If NO, look at jurisdiction section

If YES, no concurrent jurisdiction allowable in MD (unless “home” state declines or an “emergency” ) 

     Has an order/decree been entered?          Free Legal Help in Other States

    If YES, where?

If in MD, MD has jurisdiction if one party is still here.
If outside MD, has the order been enrolled in MD?

Yes - proceed in MD. Factors judge will consider   
No - Pro Se

Regarding these child(ren), has a CINA or foster care

Jurisdiction - no prior determination – Fam. Law § 9.5-201.
Are the child(ren) physically in MD now? (physical presence alone insufficient for jurisdiction except as follows)

If YES, have the child(ren) been abandoned ?

is there an emergency involving abuse or threats of abuse to child(ren)?
is there an emergency involving neglect or dependency of child?

If YES, is MD the “home” state for the children?

(YES to any of the above - MD has jurisdiction)

If NO and child is outside MD, was MD the “home” state in immediate past 6 months and   the parent (or person acting as parent) still living in MD? If YES, MD has jurisdiction
If "NO" to all of the above, must show that no other state has jurisdiction (or declines) and it is in best interests of the child for MD to take jurisdiction.       

 

Other Issues   Removal of Child(ren) - Inside the US - Outside the US

                      Agreement & no action filed? - Family Law Self-Help Programs

 

Venue - Custody actions may be brought in any county where the father, putative father, mother or child resides. Cts. & Judicial Procedures §6-202(5) or where the defendant "carries on a regular business", is employed. Cts. & Judicial Procedures §6-201(a).


Related Resources
Supervised Visitation & Monitored Exchange Centers

Self-help Legal Programs

Missing Child Resources

Support: Law Outline - Quick Reference

Divorce: Law Outline - Quick Reference

Courthouse Locations & Directions (PLL)

Domestic Violence Shelters

Quick Reference

Index

Flowchart


The Peoples Law Library Peoples Law Library Custody                                                                         reviewed 5/16/08 (PLL/M.A.J.)

Material Source and Revision Dates

Source: Materials were created and are maintained by the Maryland Legal Assistance Network, the Women's Law Center, the Legal Aid Bureau's Domestic Task Force, LAB Telephone Intake/Legal Hotline Unit and the House of Ruth. Some materials are available to the public through the Peoples Law Library website, which is a collaborative effort and contains information from the listed legal services providers and others.

Format: Law Outline - For telephone advice / screening, issue spotting guidance, brief overview Quick Reference Guide - Overview and resources for case handlers Flow Chart - Flow chart with links to rules and forms. Index - Listing of all files linked to the law outline and quick reference guide

Revision Dates: The dates each page was reviewed for legal accuracy is noted at the bottom of each page next to the "source".

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Topical Legal Research Guides - created by Sara Kelly, University of Georgetown School of Law Library