The Maryland Petition for Enforcement of a Foreign Child Custody Determination is a court document used to enforce a foreign court order or judgment that has been made regarding the custody of a child. This document is used in cases where a foreign court has issued a judgment in a custody dispute between two parties and the judgment needs to be enforced in the state of Maryland. It can also be used if a foreign court has issued an order in an ongoing custody dispute and the order needs to be enforced in Maryland. There are two types of Maryland Petition for Enforcement of a Foreign Child Custody Determination: (1) a petition for enforcement of a foreign child custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act (McCrea), and (2) a petition for enforcement of a foreign child custody determination under the International Child Abduction Remedies Act (CARA). Both types of petitions can be filed in the state of Maryland.
Maryland Petition for Enforcement of a Foreign Child Custody Determination
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FAQ
More commonly, people use the term ?50/50? to refer to how money and property is divided in the divorce settlement. Maryland is an ?equitable distribution? state, as opposed to a ?community property? state.
Since Maryland is the home state, that means that Maryland has the right to decide custody and you can file for custody, visitation, and child support with the Maryland courts.
If the parties cannot agree about who should have custody, the court will grant custody either solely to one of the parents or shared between parents. The law looks at the "best interests" of the child standard when deciding on child custody and visitation.
Md. Code Ann., Family Law § 1-201 (Jurisdiction of equity court). (b) An equity court has jurisdiction over: (1) adoption of a child, except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance.
There are no set rules on who will automatically get custody of the children. In Maryland, like many other states, the one ultimate standard in determining custody is what is in ?the best interest of the child.? There are statutory factors that the court must consider to determine the best interest of the child.
First, you can request that the other party be compelled to comply with the family court order by filing a Motion to Enforce. This motion asks the judge to (1) compel the non-compliant party to follow the court order and (2) award relief to the party filing the petition. Second, you can pursue a Petition for Contempt.
Currently 49 states including Maryland have enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which sets forth uniform standards for states to apply in enforcing child custody determinations in other states.
Only the proper court has the power to order child support. In order for a court to have jurisdiction, or legal authority, to force a parent to pay child support, it must have personal jurisdiction over the parent. Personal jurisdiction means that the parent paying the support must have a connection with Maryland.