Most Progressive Custody/DV Laws - DC vs. MD

[4us]

What is the name of your state (only U.S. law)? District of Columbia and Maryland

Which jurisdiction has the more progressive laws on custody and domestic violence, the District of Columbia or Maryland?

See ABA's Child Custody and Domestic Violence by State Summary Chart http://www.abanet.org/domviol/docs/Custody.pdf

From this chart I would assume Washington, DC has the more progressive laws when it comes to Custody and Domestic Violence, as Washington, DC includes domestic violence as a factor of determining the best interest of the child and a rebuttable presumption against custody to the batterer, whereas Maryland does not.

Would this be an accurate assumption? Do these factors of domestic violence and rebuttable presumption actually play out in custody cases in DC? Are they put to use?

 

[stealth2]

Dupe post.

And again - is this homework or are you forum shopping?

 

[4us]

I am a resident of DC and my estranged husband is a resident of Maryland. We have documented evidence by 2 child protection agencies that our 3 year old daughter was repeatedly molested and all evidence points to him. He also has a history of domestic violence upon me and I am trying to find the best way to protect myself and my children.

The lawyers are mixed in their strategies for the best outcome as most lawyers I have consulted say MD is better, but I also had the impression the system is quicker in MD and therefore preferred by the lawyers.

I want to get a nonbiased opinion. I also thought there would be different people reading the domestic abuse forum as there would be the custody forum, ergo the duplicate post.

Hope someone with expertise can answer my question.

 

[4us]

I believe there were a few people asking for clairfication of the situation to better understand why there is a option between the two jurisdictions for custody.

I am a US diplomat at a US Embassy. When my estranged husband lived with us he had diplomatic immunity when he commited the crimes against my daughter and I. There is a way to remove the diplomatic immunity, but it requires a jurisdiction in which to file the case. Since there is no jurisdiction that will take the case for the crimes, there is no criminal case against him, only lots of evidence.

Because the children and I have diplomatic immunity, Egypt would not have jurisdiction over the custody case. Since the children have never physically resided in the States, there is no direct jurisdiction over the custody of the children in a specific state. Therefore I have been advised by the different attorneys that jurisdiction over the custody of the children would need to be argued within the jurisdiction which the divorce will take place. Since I have physically resided and am a permanent resident of the District of Columbia we could file there, since my estranged husband is a permanent resident of Maryland and currently resides in that state we could also file there. Not sure which one is more appropriate pertaining to our case particularly regarding domestic violence and custody, and this is why I am asking for advice. The laws seem so different and I wanted to get clarification on the laws and practices of each jurisdiction.

 

[LdiJ]

I believe there were a few people asking for clairfication of the situation to better understand why there is a option between the two jurisdictions for custody.

I am a US diplomat at a US Embassy. When my estranged husband lived with us he had diplomatic immunity when he commited the crimes against my daughter and I. There is a way to remove the diplomatic immunity, but it requires a jurisdiction in which to file the case. Since there is no jurisdiction that will take the case for the crimes, there is no criminal case against him, only lots of evidence.

Because the children and I have diplomatic immunity, Egypt would not have jurisdiction over the custody case. Since the children have never physically resided in the States, there is no direct jurisdiction over the custody of the children in a specific state. Therefore I have been advised by the different attorneys that jurisdiction over the custody of the children would need to be argued within the jurisdiction which the divorce will take place. Since I have physically resided and am a permanent resident of the District of Columbia we could file there, since my estranged husband is a permanent resident of Maryland and currently resides in that state we could also file there. Not sure which one is more appropriate pertaining to our case particularly regarding domestic violence and custody, and this is why I am asking for advice. The laws seem so different and I wanted to get clarification on the laws and practices of each jurisdiction.

Your situation is honestly beyond the scope of an internet message forum.

You need to be having dialogs with attorneys (multiple ones preferribly) in both MD and DC.

 

[ProSeDadinMD]

Your situation is honestly beyond the scope of an internet message forum.

While I agree with this, if you maintain a residence in DC(and the kids permanent address is DC as well),but not MD, DC should have jurisdiction.