Laurel, MD asked in Child Custody for Maryland

Q: Can my sons father be granted joint custody even though I've been son's sole provider since birth?

There is no custody agreement but my sons father is on Child support (but doesn't pay the full amount). I have been the only one taking care of my son since birth (2011) and he's been in my custody. In 2013, I moved to Maryland from Florida and had to put my sons father on child support. I don't deny visitation but I just don't my son going to Florida because of certain living conditions. Can his father be granted joint custody even though I have been the sole provider and doing everything on my own? We have never been married.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Florida does not have jurisdiction to decide custody or child support if your son resides with you here. You should go down to the circuit court and file for custody, you also need to consult a lawyer about challenging jurisdiction in Florida. The Uniform Child Custody Jurisdiction Act has been adopted in every state, and should be applied the same way in both Florida and Maryland, so that the Maryland court will control the case. If the child’s been with you here so long, it is very unlikely you could lose custody.

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