Maryland Anne Arundel County Child Legal Physical Custody Sufficient Evidence Lawyers Attorneys
THOMAS W. NODEEN, et ux. v. ANJA SIGURDSSON
COURT OF APPEALS OF MARYLAND
April 7, 2009
The minor child was born in Anne Arundel County and lived there with plaintiff mother until December 2004. The child then lived with first paternal aunt, a non-party to the instant action, with the mother's consent and then with defendants. In a prior custody proceeding in Anne Arundel County, sole legal and physical custody was awarded to defendants with visitation to the mother. On June 6, 2007, eleven months after the Circuit Court for Anne Arundel County granted custody to the Nodeens, Mother filed, in the Circuit Court for Calvert County, a "Complaint for Modification of Child Custody Order." The complaint named the Nodeens as defendants. Defendant filed a preliminary motion to dismiss or to transfer, for improper venue, asserting that the modification complaint properly, or more conveniently, should be handled in the Circuit Court for Anne Arundel County. On September 20, 2007, the Circuit Court for Calvert County entered an order granting the Nodeen's motion to transfer venue to Anne Arundel County. There was no hearing. On appeal, the Court of Special Appeals vacated the order of the Circuit Court for Calvert County. The intermediate appellate court noted that the Circuit Court for Anne Arundel County had both jurisdiction and venue in the original custody action and had continuing jurisdiction over the July 11, 2006 custody order. Accordingly, the intermediate appellate court held that Anne Arundel County was not an appropriate venue whereas Calvert County, where mother resided and filed her complaint, was an appropriate venue under 6-202 of the Courts and Judicial Proceedings Article
Issues:
Whether the Court of Special Appeals was correct in vacating the order of the Circuit Court for Calvert County?
Whether the trial court erred when it transferred Mother's action to the Circuit Court for Anne Arundel County?
The Court observed that there can be more than one appropriate venue in which an action may be filed. When this is the case, a plaintiff is entitled to select the forum in which to bring his or her action. The legal sufficiency of the forum selected is determined at the time of filing. In the instant matter, Mother filed her complaint in Calvert County, the county where she resided at the time of the filing and the county where she continues to reside. Calvert County was a proper venue in accordance with 6-202 of the Courts and Judicial Proceedings Article. This Court held that the Nodeens did not meet their burden of demonstrating that the interests of justice were better served by transferring Mother's complaint to Anne Arundel County. As noted above, the Nodeens and Wade are not residents of this State, they reside in Virginia. As Mother points out in her brief, Prince Frederick is only three miles further from the Nodeens' residence than Annapolis. The evidence presented simply does not support the Circuit Court for Calvert County's conclusion to transfer Mother's action to Anne Arundel County pursuant to Maryland Rule 2-327(c). When, at best, the balancing of factors produces equipoise, the plaintiff's choice of forum controls. Accordingly, this court that theCircuit Court for Calvert County erred in granting the Nodeens' motion to transfer. This court affirms the judgment of the Court of Special Appeals for the reasons stated herein.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
Maryland Anne Arundel County Child Legal Physical Custody Sufficient Evidence Lawyers Attorneys
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