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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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I am looking for court cases that define the word reside

Customer Question

I am looking for court cases that define the word "reside" and also "care and control". I have the definition from Blacks law dictionary however I need cases that have this inforamtion in it. Thank you
Submitted: 4 years ago.
Category: Legal
Expert:  Tina replied 4 years ago.
We need to know what type of case you are referring to, in what context these words are being used, and which state law you are referring to please.
Customer: replied 4 years ago.
Sorry...I can see how that would be important..Laughingtitle="Laughing"/>. State of Maryland. Education Article 7-301...Each person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section. AND each child who resides in this State and is 5 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.
Expert:  Tina replied 4 years ago.
Care and control would relate to who has guardianship or LEGAL custody of the child.

"Resides" relates to the child's state of permanent residence. This is the same as their legal guardian or custodial parent.

Best regards XXXXX XXXXX

Tina

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Customer: replied 4 years ago.
Thanks so much...I am looking for previous cases that state that. Do you know of any?
Expert:  Tina replied 4 years ago.
Are we referring to guardianship or primary custody?

If I try to find cases, I need the facts or you will likely tell me that my answer is wrong.

Thanks. Smile
Customer: replied 4 years ago.

I am so sorry again. I was charged under section 7-301 of the education article in the code of maryland. We had one hearing and I was found guilty. However I filed an appeal. The year before the charges were bought I homeschooled my child. The following school year I sent her to live with her father in another country. The charges are from the time when the child was living with her father outside of the USA. In court my attorney argued that 1. I did not have legal custody of the child the father did. 2. at the time of the charges I did not have care and control the father did. 3. The child did attend school in that country and we had the report card. However I was found guilty. Part of it was because the state said that the child resident was here in MAryland because the child had lived in maryland the previous year. and the other part the judge said was because even the the report card stated school year 2008-2009 the grades started Oct 2008. So he found me guilty for Sept 2008. We did try to explain that the grades received in October were from the work the child did in Sept and Oct was the date that the report card came out however i was still found guilty.

 

So I have been advised that next time I should agrue the reside and care and control more strongly. This is why I am looking for cases that have been heard before. We did argue the same definations that you gave me the first time in court but still lost. Thanks again for your help.

Expert:  Tina replied 4 years ago.
So you need caselaw to cite on an appeal to prevail on the appeal in this case?
Customer: replied 4 years ago.
Yes...Thanks so much for understanding!
Expert:  Tina replied 4 years ago.
Yes. I understand. But the amount I might receive from the price you listed for this question doesn't even cover my time trying to determine what the question is.

I gave you an answer that would justify my time. What you are actually looking for is easily worth hundreds of dollars of time, perhaps thousands as learning to perform legal research well is something we spend many years doing with access only to pay per service legal databases.

Your least expensive course of action is to look for a paralegal, not an attorney, to perform some research for you.

Take care.

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