The answer depends on how long the child has lived outside of Maryland and if at least one parent continues to live in Maryland. If the child has lived outside of Maryland for at least six months, then, likely, a different court will have the power and authority to make decisions about child custody. Note that, in this article, the question is about initial custody decisions, not modification of an existing custody order previously issued by a Maryland divorce court. If you have questions about child custody in Maryland, contact us here at the Law Office of Robert Castro. If you have questions, contact us here at the Law Office of Robert Castro. We are a top-rated Maryland Law Firm offering divorce, child custody, and family law legal services for communities in Charles County and other parts of Southern Maryland. Call us at (301) 870-1200 or use our contact page. You can also visit us at our offices in Waldorf, Maryland.

The question of which court can make child custody decisions in a divorce involves the legal question of “jurisdiction.” Generally speaking, the word “jurisdiction” is defined as the set of factors that give a court power and authority to decide legal issues. Often, jurisdiction is based on geography and the identity of the parties to the dispute. Maryland courts generally have jurisdiction to decide legal disputes involving land or things located in Maryland, including those who live in Maryland. Thus, Maryland divorce courts will have jurisdiction to resolve a divorce case involving a Maryland married couple. Likewise, a Maryland divorce court has jurisdiction to make a decision related to child custody for children living in Maryland.

For custody purposes, by statute, Maryland considers children to “live in Maryland” if they have lived here during the last six months. Md. Family Law Code, § 9.5-201.

As noted, however, there are two factors involved in whether a Maryland divorce court has jurisdiction to make a child custody determination. The first, as noted, is whether the child has lived in Maryland during the last six months. The second is whether at least one parent is still living in Maryland.

To determine if a parent lives in Maryland, courts consider a number of facts, including:

• The parent has only one home and it is located in Maryland
• The parent has more than one home/property, but the primary home/residence is located in Maryland
• The parent works in Maryland
• The parent is registered to vote in Maryland
• The parent receives U.S. Mail in Maryland
• The parent claims to live in Maryland
• The parent has other real and personal property, like vehicles, businesses, etc.
• Where applicable, the parent goes to school, engages in other training, or is stationed in Maryland

From the above, it can be said that if a parent lives in Maryland and if the child has lived in Maryland during the last six months, then a Maryland divorce court will have jurisdiction to resolve a divorce proceeding and make an award of child custody. Otherwise, the child custody decision will be made by the divorce courts of another State or country.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.