SPARC Forums

I am really confused on how jurisdiction works in regards to interstate custody.  Here's my story.  I have a 5 year old son that was born in PA. He was born out of wedlock.  Last year I got married and moved with my son to MD.  My current order gave me permission to move.  I don't get along to well with my ex, let alone do we communicate.

This summer I took my son for his regular weekend visit.  His dad wouldn't return him afterwards, and decided he would just keep him for the summer.  He was already going to get him from 6/20 to 8/15, but he decided to keep him since 5/31.  I want to file for a modification, but don't want to do it through Pennsylvania.  It takes too long.  I filed for contempt June 1st, and didn't get a date until September 21st!

Can I file for the modification in Maryland instead of Philadelphia?  How difficult would it be to move jurisdiction to Maryland?  What is the likelihood that this would happen?  I am so confused on how it all works.

Thanks for all of your help!

first off.....Do you have a court ordered agreement?  If YES, then file a Foreign Judgment in the state that the father is living in.  The courts and police will have to uphold this judgement.

You must file your motion in the state and county where the last order was entered.  As part of your Motion you can seek to have jurisdiction and venue transferred to your new state. You must provide good reasons for doing so.  The Court will issue an Order regarding jurisdiction.  That Order and your Decree would then be filed with a filing fee (if allowed by the PA order) in your new State and County.  All subsequent motions would be filed in that venue.

For Minnesota Family Law Answers visit http://www.divorceprofessionals.com