Courts in Maryland will accord full faith and credit to a child custody determination issued by another state, unless the order has been vacated, stayed, or modified by a court with jurisdiction.
Maryland courts are required to recognize and enforce a child custody determination from another state or foreign country, if the original court had jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act.
A child custody determination issued by a court of another state may be registered in the State of Maryland, with or without simultaneous request for enforcement, pursuant to Family Law Article § 9.5-305.
How to register a foreign child custody determination in Maryland
The procedural steps to register a foreign child custody determination includes:
- Filing a Request to Register an Out-of-State Child Custody Order and/or a letter requesting registration
- Two copies (including one certified copy) of the determination order you are seeking registration for, which must be attested to under the penalties of perjury that the determination order has not been modified
- The name and address(es) of the person seeking registration and any other person who has been awarded custody or visitation.
What happens after a Maryland court receives a Request to Register an Out-of-State Child Custody Order?
Upon receipt of those documents, the Maryland court will file the determination and serve notice upon the relevant parties. The notice will also include:
- That, as of the date of registration, the determination is enforceable in Maryland
- Any request for a hearing to contest the determination must be made within 20 days of service
- Failure to contest results in the custody determination being confirmed as a matter of law and further contest is precluded
What does it mean to contest a Request to Register an Out-of-State Child Custody Order?
If a party, upon receipt of the notice issued by a Maryland Court indicating that a Request to Register an Out-of-State Child Custody Order is pending, the party must request a hearing within 20 days of service.
At the hearing, the registered order will be confirmed unless the contester establishes that:
- The original issuing court did not have jurisdiction,
- the determination has been vacated, stayed, or modified by a court with jurisdiction, or
- proper notice was not given.
Otherwise, if a party does not contest the Request to Register an Out-of-State Child Custody Order will be confirmed. Both the person requesting registration, and all persons served will be notified of the confirmation.
What happens after a Request to Register an Out-of-State Child Custody Order is confirmed and registered in a Maryland Court?
Upon final registration of the out-of-state child custody order in Maryland, it becomes enforceable as of the registration date, as if the order had originally been issued by a Maryland court. A party can then take any legal action available to them under Maryland law if jurisdiction and legal requirements are met such as seeking to enforce the order or hold a party in contempt for violating the order.
Navigating registering an out-of-state custody determination and/or contesting the registration of an out-of-state custody determination can be a difficult process. Call Silverman Thompson, toll-free, at 800.385.2243 to speak with our experienced family law department who can assist with navigating this process from start to finish.
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Disclaimer: This blog is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.