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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7119
Experience:  Experienced Family Law Attorney
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I currently live in Maryland. My daughters father also lives

Customer Question

I currently live in Maryland. My daughters father also lives in Maryland. My daughter is 4 months old and I have not filed for child support. I am moving to Texas in a few weeks but need to know if I should file for child support in Maryland or once I get to Texas.
Submitted: 6 months ago.
Category: Family Law
Expert:  LegalGems replied 6 months ago.
The court,under the Uniform Child Custody Jurisdiction Enforcement Act, cannot take jurisdiction over a child unless the child has lived there for 6 months. If the parent moves away, and the other parent remains in the "home state", and files a custody petition, then the other parent can be ordered to return the child to the home state. So generally most parents will try to resolve the custody issues or get a court order permitting it before moving out of state. If there is no alternative and the parent moves to TX, and the other parent doesn't file a custody petition, then the custody/support issue can be addressed in TX. However, then there is the 6 month waiting period unless the home state declines to accept jurisdiction; then the new state may:Significant connection jurisdiction.45 When a child has no home State or when a home State declines jurisdiction,46 another State court may exercise jurisdiction if the child has sufficient ties to the State and substantial evidence concerning the child is available in the State. A child need not be physically present in a State for the State to exercise significant connection jurisdiction. More than one State may have jurisdiction on this basis, but only one State may exercise jurisdiction.47 The statute resolves the conflict in favor of the first-filed proceeding. However, the courts are required to communicate, and the court in the State of the first-filed proceeding may defer to the court in the second State following judicial communication.48Example. A father and his child go to visit the child's paternal grandparents in Colorado. The father is reminded of the beauty of the mountains and decides not to return to Iowa, where his marriage had been faltering and his job prospects have dimmed. The family had been living in Iowa for 4 years. Within 2 months of his arrival in Colorado, the father files for custody there on significant connection grounds. The Colorado court lacks jurisdiction and may not proceed to the merits of the case unless Iowa, the child's home State, declines jurisdiction in favor of Colorado. However, if the mother does not commence a custody proceeding in Iowa within 6 months of the child's removal, Colorado becomes the child's home State and the Colorado court may then exercise jurisdiction and decide custody. Here is a link to the UCCJEA: Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!
Customer: replied 6 months ago.
There is no custody issue here. I'm asking about establishing a child support case. The father has agreed to my moving to Texas. We had been handling child support outside of the court, however we have come to a position where we would like the court to decide how much support is appropriate. If I file in Maryland before I leave and my daughter has not lived here for 6 months (she's only 4 months old) what is her home state? If I wait to go to Texas and file based on your response are you saying I'll have to wait another 6 months?
Expert:  LegalGems replied 6 months ago.
I see; but unfortunately the court will not consider child support until there is a custody agreement- because the court needs to determine which parent is the custodial parent (and is thus entitled to support). Also, if the child is under 6 months, then it is where the child spent the time from birth. Texas may assume jurisdiction under the UCCJEA provided that the home state (ie Maryland) declines to exercise jurisdiction - if the other parent objects, then the home state will typically assert jurisdiction.
Customer: replied 6 months ago.
As the mother who has the child full time why wouldnt i automatically be considered the custodial parent. I am not and have never been married to her fathet.
Expert:  LegalGems replied 6 months ago.
If the parents were never married, then the courts would first need to determine paternity. A paternity determination is required before the court will order child support. The court needs to have jurisdiction over the bio father, so the new state would likely decline jurisdiction as the home state would want to determine paternity. Here is TX statute 152.102:(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with a parent or a person acting as a parent. A period of temporary absence of a parent or a person acting as a parent is part of the period. so under TX statute, the court does not have home state jurisdiction. If one files in the home state and leaves, the home state MAY transfer jurisdiction, but it is up to the court; If one goes to TX, then generally one would need to establish jurisdiction (6months) unless the original home state excuses "continuing and exclusive jurisdiction" in which TX would be allowed to accept jurisdiction.
Customer: replied 6 months ago.
Her father signed an affidavit of parentage when she was born does and paternity is not being disputed. Is a paternity test still required to establish a child support payment.
Expert:  LegalGems replied 6 months ago.
No, as an affidavit is sufficient in both states to establish parentage; but the court will still need to enter an order re: which parent has custody (in TX that is called conservatorship). If the father does not contest it, then it is unlikely that there will be an issue. The example for that type of scenario was set forth above. The child support services will assist with collecting child support from out of state non custodial parents.
Expert:  LegalGems replied 6 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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