Which state does motion for change in custody/visitation need to be file ?

[gander627]

My ex currently lives in Delaware.   I live in Michigan and have done so for the last 5 years, my daughter, who is 13 also has lived in Michigan with me for the last 5 years.  I have been remarried for 5 years.  

My daughter was born in Maryland and my ex wife and I were married in Maryland right after her birth. we were very young (teens).  We legally seperated when my dtr was 2, and finally divorced in Maryland in 1999.  

When we were seperated, my ex had moved to Delaware, a short distance away.  She and i both filed for full custody and the case was heard in Delaware.  The custody order has been in DE since 1994.  

My daughter lived between my ex and I per the court order.  My ex met a new guy & got into drugs.  She couldn't handle her kids plus do drugs. She called my ex mother in law in Florida and shipped my dtr to live with her.

My dtr was sent to Florida in 1996, without my knowledge or consent.  It took me 6 months to find out where she was and finally contact her & my ex mil.  

I got older, got more mature, got a better job.  I keep filing for full custody in Delaware and they would only uphold the original joint custody order with mother having placement rights.

my ex's idea of placement was to ship my dtr back to Florida.  My dtr lived in Florida 8 monthes of the year for 4 years.  My ex mil was not handling her life well either and saw I had mine together.  

My ex mil decided to let me have my dtr.  No one had heard from my ex wife for > 2 yrs., she was not even contacting my dtr in FL.  My dtr was sent to live with me in Michigan in 1999.  I filed for temp full custody in Mich & got it.

Once my dtr was a resident of Michigan for 6 months I filed for full custody. I was awarded full custody and my ex got only supervised visitation.  she had been arrested for drugs during this time.

My ex contacts my dtr only 1-3 times a year by phone, rarely writes.  She only sees my dtr if my wife and I bring her down to Maryland to visit my family, about 1 time a year

my ex is now saying she wants to file for a change in the custody order so she can have unsupervised visitation and be awarded a certain amount of time.  That would be just fine with me, if my ex were not still involved in the drug culture world.  

I am about 99 %sure her lifestyle has not changed much, and she just got off probation again.  she lives with her boyfriend and he has been a known drug dealer.

  my ex told me in July she was going to file papers in Maryland courts.

I am confused, shouldn't the order for change be file in Michigan ?  that is where the child and custodial parent live, and where the current order is active.  No one involved lives in Maryland any longer.  

Should I do anything pro-actively regarding this ?  I am not sure she has actually filed.  

[socrateaser]

>I am confused, shouldn't the order for change be file in
>Michigan ?  

Yes.
 
>Should I do anything pro-actively regarding this ?

No. Michigan has continuing and exclusive jurisdiction as long as you and the child are residents of the state. If she files in MD, then you can challenge jurisdiction with a simple letter to the court and a copy of your Michigan custody orders. So, let me know if your ex files and I'll tell you what to write to the court.

[gander627]

Thank you very much for your time.

I will let you know and ask for more guidance if my ex actually does file.  So far, so good !   I guess no news is good news !

thanks again

[gander627]

My ex currently lives in Delaware.   I live in Michigan and have done so for the last 5 years, my daughter, who is 13 also has lived in Michigan with me for the last 5 years.  I have been remarried for 5 years.  

My daughter was born in Maryland and my ex wife and I were married in Maryland right after her birth. we were very young (teens).  We legally seperated when my dtr was 2, and finally divorced in Maryland in 1999.  

When we were seperated, my ex had moved to Delaware, a short distance away.  She and i both filed for full custody and the case was heard in Delaware.  The custody order has been in DE since 1994.  

My daughter lived between my ex and I per the court order.  My ex met a new guy & got into drugs.  She couldn't handle her kids plus do drugs. She called my ex mother in law in Florida and shipped my dtr to live with her.

My dtr was sent to Florida in 1996, without my knowledge or consent.  It took me 6 months to find out where she was and finally contact her & my ex mil.  

I got older, got more mature, got a better job.  I keep filing for full custody in Delaware and they would only uphold the original joint custody order with mother having placement rights.

my ex's idea of placement was to ship my dtr back to Florida.  My dtr lived in Florida 8 monthes of the year for 4 years.  My ex mil was not handling her life well either and saw I had mine together.  

My ex mil decided to let me have my dtr.  No one had heard from my ex wife for > 2 yrs., she was not even contacting my dtr in FL.  My dtr was sent to live with me in Michigan in 1999.  I filed for temp full custody in Mich & got it.

Once my dtr was a resident of Michigan for 6 months I filed for full custody. I was awarded full custody and my ex got only supervised visitation.  she had been arrested for drugs during this time.

My ex contacts my dtr only 1-3 times a year by phone, rarely writes.  She only sees my dtr if my wife and I bring her down to Maryland to visit my family, about 1 time a year

my ex is now saying she wants to file for a change in the custody order so she can have unsupervised visitation and be awarded a certain amount of time.  That would be just fine with me, if my ex were not still involved in the drug culture world.  

I am about 99 %sure her lifestyle has not changed much, and she just got off probation again.  she lives with her boyfriend and he has been a known drug dealer.

  my ex told me in July she was going to file papers in Maryland courts.

I am confused, shouldn't the order for change be file in Michigan ?  that is where the child and custodial parent live, and where the current order is active.  No one involved lives in Maryland any longer.  

Should I do anything pro-actively regarding this ?  I am not sure she has actually filed.  

[socrateaser]

>I am confused, shouldn't the order for change be file in
>Michigan ?  

Yes.
 
>Should I do anything pro-actively regarding this ?

No. Michigan has continuing and exclusive jurisdiction as long as you and the child are residents of the state. If she files in MD, then you can challenge jurisdiction with a simple letter to the court and a copy of your Michigan custody orders. So, let me know if your ex files and I'll tell you what to write to the court.

[gander627]

Thank you very much for your time.

I will let you know and ask for more guidance if my ex actually does file.  So far, so good !   I guess no news is good news !

thanks again