117 A.3d 660
Md. Ct. Spec. App.2015Background
- Appellant Claudia Friedetzky (Maryland resident) filed a custody petition in Prince George’s County for her son M.J., who had lived in Maryland for >6 months; father Roger Hsia (New York resident) was served in New York.
- In his answer to the custody petition Hsia requested genetic (paternity) testing, sought attorney’s fees, and served extensive discovery focused on paternity and support; he later deposed Friedetzky.
- Friedetzky amended to add claims for paternity, child support, and counsel fees; Hsia then moved to dismiss those claims for lack of personal jurisdiction.
- The dispute required resolving how Maryland’s UCCJEA (custody; limited immunity for nonresidents participating in custody proceedings) and UIFSA (paternity/support; broad long-arm) interact when a nonresident requests paternity relief while litigating custody.
- The circuit court dismissed the paternity/support claims; the Court of Special Appeals reversed, holding Hsia waived immunity/triggered UIFSA long-arm (and that exercising jurisdiction met due process).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maryland court may exercise personal jurisdiction over a nonresident for paternity and child support claims joined to a custody action | Friedetzky: yes — UIFSA long-arm applies when there is an independent ground | Hsia: no — UCCJEA immunity for participating in custody prevents jurisdiction over other claims | Court: yes — UIFSA long-arm applied because Hsia sought affirmative paternity relief and litigated it, waiving immunity |
| Whether requesting paternity testing in an answer waives contest to UIFSA jurisdiction §10-304(a)(2) | Friedetzky: an affirmative prayer for paternity testing submits defendant to jurisdiction | Hsia: his answer was limited to custody participation protected by UCCJEA | Court: request for genetic testing was affirmative relief that invoked UIFSA long-arm and waived limited immunity |
| Whether engaging in discovery about paternity/support constitutes submission to UIFSA jurisdiction | Friedetzky: vigorous discovery on paternity/support shows purposeful availment | Hsia: discovery was attendance in custody proceeding protected by immunity | Court: discovery on paternity/support, together with the testing request, demonstrates submission and satisfies long-arm |
| Whether, alternatively, continuing-jurisdiction (Glading) supports jurisdiction | Friedetzky: Glading could sustain jurisdiction over related claims arising from original action | Hsia: Glading is inapplicable because he was not previously subject to Maryland jurisdiction and statutes changed | Court: not required to rely on Glading because UIFSA waiver/rationale sufficed; Glading not controlling here |
Key Cases Cited
- Bond v. Messerman, 391 Md. 706 (discussing long-arm + due process framework for personal jurisdiction)
- Glading v. Furman, 282 Md. 200 (continuing jurisdiction doctrine for subsequent proceedings arising from original cause of action)
- Toland v. Futagi, 425 Md. 365 (background on adoption of UCCJEA and custody-jurisdiction principles)
- McCormick v. St. Francis de Sales Church, 219 Md. 422 (filing substantive defenses or seeking relief can operate as general appearance and waive jurisdictional objections)