What Does Maryland Rule 2-507 Mean in Relation to Custody of the Children?

The Maryland Rules of Civil Procedure govern the manner in which litigation is adjudicated by the courts.

Rule 2-507 of the Maryland Rules of Civil Procedure govern "dismissal for lack of jurisdiction or prosecution." This rule applies to all cases brought in Maryland state courts with the exception of "the military docket and continuing trusts or guardianships."

Dismissal for Lack of Jurisdiction

Under part (b) of the rule, the court must dismiss any child custody claims for lack of jurisdiction if the person for whom the custody suit is brought against is not within the jurisdictional boundaries within 120 days from the date the suit was filed.

Dismissal for Lack of Prosecution

Under part (c) of the rule, a child custody suit will be dismissed if no activity has occurred in the case for at least one year. The term "docket entry" as referenced in the rule refers to any notice of court hearings or any filings to the court by either party.

Procedure

If upon motion by a party or the court a challenge to jurisdiction over the child custody proceeding or a dismissal for lack of prosecution is pending, the clerk of the court will issue a notice to the parties. The parties may then respond to the notice with written motions to the judge.

References

• Michie's Legal Resources: Maryland Rules of Civil Procedure