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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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CUSTODY ISSUE: I'm married, currently live in NY but

Customer Question

CUSTODY ISSUE: I'm married, currently live in NY but lived in NJ untilI separated from wife in September 2010. I have three children 13, 14 and 18 with wife (Children's mother). Children have schooled in NY since 2012. I was physical custodial parent until
Sep 2014 after which, they continued to school in NY, but slept in NJ. Mother and I have shared all responsibilities equally. On Aug 26th 2015 mother removed the children from the NJ state and took up residence in Maryland without my consent. She also deceived
the kids and told them they were going for the weekend only. I filled in NY to have them returned. She was ordered to return them on Sep 18th but didn't return them until the court date of Sep 21st. Between Aug, 26th and Sep 18th, she was able to register
them to school in Maryland without my consent and they attended for 2 and a half weeks before court date. In court an issue arose about NJ vs. NY jurisdiction due to kids schooling in NY but sleeping in NJ. Because, the children was now with me, after court
hearing on Asp 21st, I was advise to withdraw the NY petition, register the kids for school and file in new petition in NJ. Upon doing this, I found that there was a standing court order from a petition for primary custody filed by the children's mother back
in Nov. 2011. It states, neither party can leave NJ without written consent from the other. I remembered this hearing and when I told the Judge I was already living in NY she said it was a touching state and applied the same as NJ. However, my petition for
temporary full custody was denied. NJ said they didn't have jurisdiction. Because neither of us lived in NJ. Currently, the children are all registered to attend school again in NY. However the mother has filed with Maryland and produced an ordered the kids
return to mother to go to school. But I'm sure they don't know about the order that was violated and that the kids are in school in the county where they've schooled for the past 3 year. MY QUESTION IS... How do I stop Maryland where they schooled for only
1 month from asserting jurisdiction based on the mother telling them I had them in New York and thats why they were missing school. When they actually was brought into the state illegally. Their emotional state is critical. They have gone through this ping
pong and now that they are settled back in their place of familiar how can I get a judge to act on a weekend to order them stay in New York. I’m afraid my son will run away if they have to move again after being taken against their wishes to maryland.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

You will need to file a complaint for custody in New York immediately. You will then need to file an answer, called a special answer objecting to jurisdiction, in Maryland with a copy of you were New York complaint and New Jersey order. You need to state in this special answer that you are not subjecting yourself to the jurisdiction of Maryland. You need to object to the subject matter jurisdiction in Maryland. By filling the complaint in New York a judge will be assigned to case from ny. You will then be able to request your special answer the judge from New York and Maryland speak to establish who has jurisdiction. It is critical that complaint be found in New York that way to Maryland judge has an action that exist New York to transfer custody to New York and relinquish Maryland. I would do this immediately and not return the children. Technically this could be viewed as content of the Maryland Court order which is why you need to file your actions immediately. Selecting the battleground for this action will determine the outcome. You need your battle ground in New York.

I hope this information is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
Can I hire you to do this? I don't want to chance it doing this myself.Also can I file this today? I thought courts are closed.
Expert:  mmdesq replied 1 year ago.

I'm sorry but we are not permitted to engage in representation on this cite. I have handled matters in NY before but I am current in GA so I would not be capable of being presentthe for hearings. The courthouse is closed for weekend.