Essex, MD asked in Family Law for Maryland

Q: My child's grandparent has custody of her, her mother in jail. They live in Ohio. I want to get custody, what should do?

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1 Lawyer Answer

A: Is there a prior court order? If so where is the court where the order was entered? If there is no prior court order you would need to file in Ohio (if the child has been living there for more than 6 months). If the court order was just between you and the mother (and not the grandparents), then your right is greater than the grandparents and you can take the child when you wish. However, before doing anything, I would recommend speaking to the grandparents and your child to see if something can be worked out. If it cannot then you should schedule a consultation with an attorney (both in the state you reside and in the state the child has resided in for more than 6 months, presumably Ohio).

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