OK, I don’t know why I check, but I do…

[ProSeDadinMD]

In MD, we can check the MD Judiciary Case Search on line. I usually check once a week on both my name(this was how I learned that she filed exceptions) and the ex’s. In checking the ex, I see that her divorce case(involving LMPS’s little sister) has been reopened. OCSE filed for contempt against her ex-husband(He’s a for real dirtbag who quit his job and semi-disappeared(I found him in the case search though), owes $15k in arrears, and also hasn’t seen Little Sis in well over 18mos). The last docket entry, however, referenced a previous d.e., which is a motion to modify custody(legal) on per MD RULE 9-202 (B), which states:

Rule 9-202. Pleading.

(a) Signing-telephone number.- A party shall personally sign each pleading filed by that party and, if the party is not represented by an attorney, shall state in the pleading a telephone number at which the party may be reached during ordinary business hours.

Cross References.
See Rule 1-202 (s).

(b) Child custody.- When child custody is an issue, each party shall provide in the party's first pleading the information required by Code, Family Law Article, § 9.5-209 (a).

(c) Amendment to complaint.- Except when a judgment of limited divorce has been entered, a complaint may be amended pursuant to Rule 2-341 to include a ground for divorce that by reason of the passage of sufficient time has become a ground for divorce after the filing of the complaint.

(d) Supplemental complaint for absolute divorce after judgment of limited divorce.- A party who has obtained a judgment of limited divorce may file a supplemental complaint for an absolute divorce in the same action in which the limited divorce was granted if (1) the sole ground for the absolute divorce is that the basis of the limited divorce by reason of the lapse of sufficient time has become a ground for an absolute divorce and (2) the supplemental complaint is filed not later than two years after the entry of the judgment of limited divorce. Service of the supplemental complaint shall be in accordance with Rule 1-321 if the defendant has an attorney of record in the action at the time the supplemental complaint is filed. Otherwise, service of the supplemental complaint shall be in accordance with Rule 2-121 or in accordance with Rule 2-122.

Cross References.

For automatic termination of an attorney's appearance, see Rule 2-132.

(e) Financial statement - Spousal support.- If spousal support is claimed by a party and either party alleges that no agreement regarding support exists, each party shall file a current financial statement in substantially the form set forth in Rule 9-203 (a). The statement shall be filed with the party's pleading making or responding to the claim. If the claim or the denial of an agreement is made in an answer, the other party shall file a financial statement within 15 days after service of the answer.

(f) Financial statement - Child support.- If establishment or modification of child support is claimed by a party, each party shall file a current financial statement under affidavit. The statement shall be filed with the party's pleading making or responding to the claim. If the establishment or modification of child support in accordance with the guidelines set forth in Code, Family Law Article, §§ 12-201 - 12-204 is the only support issue in the action and no party claims an amount of support outside of the guidelines, the required financial statement shall be in substantially the form set forth in Rule 9-203 (b). Otherwise, the statement shall be in substantially the form set forth in Rule 9-203 (a).

Well, since that references Code, Family Law Article, § 9.5-209 (a), I checked it out, and it states:

9.5-209. Providing information as to child.

(a) In initial pleading.-

(1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period.

(2) The pleading or affidavit must state whether the party:

(i) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(ii) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and

(iii) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) Stay of proceeding is information not provided.- If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) Court may require additional information.-

(1) If the declaration as to any of the items described in subsection (a)(2)(i) through (iii) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court.

(2) The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d) Continuing duty to inform court.- Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) Sealing of information.- If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

[2004, ch. 502, § 2.]

What does any of that mean? It seems to me that the question is whether or not both parties know the whereabouts of the child, but I’m not sure why that would be relevant since she already has physical custody.

I’m really only concerned because I don’t doubt that if the ex has success here, that she will be more of a mind to have another round with me.

 

[CJane]

What does any of that mean? It seems to me that the question is whether or not both parties know the whereabouts of the child, but I’m not sure why that would be relevant since she already has physical custody.

IMO it's only relevant because it's required in ANY custody proceeding. Wouldn't matter if the responding party had EVER seen the child/ren. It's required information for any custody filing.

 

[ProSeDadinMD]

IMO it's only relevant because it's required in ANY custody proceeding. Wouldn't matter if the responding party had EVER seen the child/ren. It's required information for any custody filing.

Ok, fair enough, but I don’t remember ever filing anything like that, nor do I have anything that shows that she did either.

Doesn’t that meant that we could(if we were both morons), for lack of a better term, “cross file” on each other?

And what does that have to do with legal custody?

 

[CJane]

Ok, fair enough, but I don’t remember ever filing anything like that, nor do I have anything that shows that she did either.

Doesn’t that meant that we could(if we were both morons), for lack of a better term, “cross file” on each other?

And what does that have to do with legal custody?

Your initial pleading doesn't say "The child resides with mother" or anything at all like that?

You have a copy of my contempt motion... it states that the children reside w/me 60% of the time and their father 40% of the time and that we're all residents of X county... right?

Doesn't yours say anything at all along those lines?

 

[ProSeDadinMD]

Your initial pleading doesn't say "The child resides with mother" or anything at all like that?

You have a copy of my contempt motion... it states that the children reside w/me 60% of the time and their father 40% of the time and that we're all residents of X county... right?

Doesn't yours say anything at all along those lines?

I'll have to check the original filing done by my at-that-time lawyer in 2000.

It wasn't on my recent motion to modify, but i also don't think it was on hers either...