Filing for Custody?

My friend is getting a divorce. She is moving to MD, and she knows that she has to wait 6 months before filing for divorce due to residency requirements (as opposed to waiting 2 years in PA). My question is this: can she file for custody in MD, or does she have to wait six months for that, too?

Update:

She will not be 'kidnapping', you cannot kidnap your own children unless there is a court order in place. They are mutually separating. They are going to court to make sure that the other follows the arrangement and that the agreements that they have set up between the two of them will be upheld.

Update 2:

Both parents are moving to MD.

7 Answers

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  • 1 decade ago
    Favorite Answer

    Typically custody has to be filed in the district/county where the child has lived for the last 6 months. She could file for custody before leaving PA - she doesnt need to wait for the divorce to file those papers that can be done independent of the divorce.

  • 1 decade ago

    The custody factor will be automatic with the divorce so once youre able to file for divorce, both go hand in hand. Also you could be charged with parental kidnapping to avoid a custody battle, which becomes a federal offense once crossing state lines, but with both parents moving to Md no problem here though. Damn residency requirements anyway, have seen couples waiting to qualify actually reconcile during it cause they just got plain tired of waiting. Good luck

    Source(s): Florida Paralegal with a BS degree in Social-Pyschology
  • She should talk to a lawyer immediately before taking that child out of state. The custody suit will have to be fought in the state where she and her husband were living when the separation occurred, UNLESS her soon-to-be ex agrees that she can move to MD to live with their child. The poor child will have to go back and forth between states for visitation with his/her parents! It will be expensive to pay for all that travel and so the courts may insist that SHE pay for the father's travel expenses since she is the one who wants to move. And if the father does not want her to take their child out of state then she will have a heck of a battle on her hands.

  • Anonymous
    1 decade ago

    If she moves out of state while still legally married and takes the kids her husband CAN file kidnapping charges against her. The better solution would be to file for divorce where she is living. The question is is her reason for moving to MD compelling enough to chance moving to a federal prison? I suggest she file right now and take what comes her way...also she will have to get permission from her soon to be ex to take the kids out of state. If he doesn't grant her permission it's going to be another court battle.

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  • 1 decade ago

    you don't have to divorce first if you are mutual on the custody of the child just go down and make a child support action which is a legal document and since you already have agreeed they should be now problem so while you are waiting to divorce the child matter is settleed and you cannot get into any trouble about the children.

  • rpoker
    Lv 6
    1 decade ago

    Yeah she does have to wait 6 months

  • 1 decade ago

    no file right away............

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