Wednesday, May 9, 2012

Where Do I File For Custody in Frederick Maryland?

As a Frederick custody and divorce lawyer sometimes jurisdiction is a consideration. When clients come to see a divorce and custody lawyer they tend to meet him or her in the city or county where they live. They may take for granted that where you file a divorce or custody case can have a great impact upon the expense and/or the success of the case.

Jurisdiction is a two (2) part legal question that determines if you are in a court that can help you get what you want. If the court can’t give you a custody or divorce order why bother?

First, does that “type” of court have authority to order the parents/parties to do “what” the filing parent/party wants.to have done eg. the granting of a divorce. For example, the small claims court cannot hear a custody case. In Maryland our “Circuit Courts”decide all questions of “family” law including divorces, custody and child support. This is called ”jurisdiction over the subject matter” eg. custody. So we can conclude that if Maryland is the place, Circuit Court is the court.

Second, does the court have authority over these persons? That is called “jurisdiction over the person.” For example, if a person has never been to Frederick Maryland a party cannot just move to Maryland and file for divorce when they get there. With notable exceptions the person filing for divorce needs to have lived in Maryland twelve (12) months before they can file for divorce in Maryland.

In custody cases the court also has to have jurisdiction over the child. Jurisdiction over child(ren) is an EXTREMELY delicate and intricate legal question that can’t be answered in this article. Contact a custody lawyer who should be able to answer that question.

Timothy Conlon, Esquire for The Custody Place.

The Custody Place

OUR PHONES ARE ANSWERED 24/7

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301-865-1101

19 NORTH COURT STREET

FREDERICK MARYLAND 21701

Tuesday, May 1, 2012

Licensed To Wed

In Maryland, happy couples who are seeking to tie the knot must first obtain a marriage license from the county clerk in the county where they seek to be married. That much is clear and Frederick divorce and custody lawyers will direct you to the Maryland family law code at section 2-401 if there was any doubt. But what happens if you don’t? What happens if you wake up after a night at Cactus Flats face down in a bowl of roasted peanuts, with a beer tab on your left hand and a handful of wedding pictures in your right hand?

Well to start with, you and your betrothed are both guilty of a misdemeanor and will pay a fine of $100.00. Whoever performed the ceremony is guilty of a misdemeanor and a fine not to exceed $500.00. Are you legally married? No but, you are illegally married. Huh?

What I mean is that your marriage ceremony was not legal but it is a marriage in the eyes of the law none the less. Your marriage is not void. You are not eligible for an annulment and if you want to be unmarried you need a divorce the same as a couple who was married in front of the whole town with a license, a preacher and all the trimmings. It’s similar to the calls that Frederick custody and divorce lawyers get from people who have only been married months, weeks, days or hours. Those people still have to get a standard divorce, and so does anybody married without a license

Timothy Conlon, Esq. The Custody Place.

Custody Attorneys in Frederick Maryland