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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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If I've been living in a year with my child and the

Customer Question

If I've been living in Virginia for almost a year with my child and the father is in Maryland and my address is still a maryland address where should I file for sole custody maryland or virginia?
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

Under the UCCJEA (the federal Uniform Child Custody Jurisdiction Act), the proper court for a child custody case is the child's home state.

This is determined by the child's residence for the 6 month period preceding the filing of the custody issue.

Residence is determined by where one lives- ie votes, sleeps, works. There is "the toothbrush" test - where the person regularly keeps their personal belongings.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 months ago.

This explains the process:

http://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/B15E3342-01DA-7A49-955E-828A78FE15E6/85051childcustody%20mdw.pdf

Kindly rate positively if no further questions by clicking on 3, 4 of 5 stars

Expert:  LegalGems replied 5 months ago.

Checking in on the above; thank you for using JA!

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