MARYLAND UNIFORM CHILD CUSTODY AND ENFORCEMENT ACT 9.5-201 et. al.

 This is an interesting and slightly complicated statute. It involves those situations where one parent lives in one state and the other lives in another state. The issues arise when custody is at play and now the question is what state has jurisdiction. Maryland will exercise jurisdiction under the following circumstances:

 Grounds for jurisdiction

a court of this State has jurisdiction to make an initial child custody determination only if:

(1)   this State is the home state of the child on the date of the commencement of the proceeding,

(2)   or was the home state of the child within 6 months before the commencement of the proceeding

(3)   and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

(4)   a court of another state does not have jurisdiction,

(5)   or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under § 9.5-207 or § 9.5-208 of this subtitle, and:

(6)   the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and

(7)   substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships;

(8)  all courts having jurisdiction have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under § 9.5-207 or § 9.5-208 of this subtitle; or

(9)  no court of any other state would have jurisdiction under the criteria specified in item (1), (2), or (3) of this subsection.

(10)  or §9.5-204 applies, a) A court of this State has temporary emergency jurisdiction if

a.      the child is present in this State and

b.      the child has been abandoned or

c.      it is necessary in an emergency to protect the child because the child, is subjected to or

d.      threatened with mistreatment or

e.      abuse.

"Home state" means:

(1) the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence, immediately before the commencement of a child custody proceeding; and

(2) in the case of a child less than 6 months of age, the state in which the child lived from birth with any of the persons mentioned, including any temporary absence.

A Word Of Caution 

 When court may decline jurisdiction

(a) Except as otherwise provided in § 9.5-204 of this subtitle or by other law of this State, if a court of this State has jurisdiction under this title because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle determines that this State is a more appropriate forum under § 9.5-207 of this subtitle; or

(3) no court of any other state would have jurisdiction under the criteria specified in §§ 9.5-201 through 9.5-203 of this subtitle.

Remedy to ensure safety of child

(b) If a court of this State declines to exercise its jurisdiction under subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle.

Assessments of expenses and fees

(c)(1) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (a) of this section, the court shall assess against the party seeking to invoke the court's jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.

(2) The court may not assess fees, costs, or expenses against this State unless authorized by law other than this title.