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Default custody order granted, what does that mean for my son?

Severna Park, MD |

A default custody order has been granted in my case, due to the father not meeting deadlines in the case. I'm assuming he will be getting a notification in the mail soon. in MD, what would the defendant have to do to overturn this order and how long would he have to file something to do so? This is the 2nd time my lawyer asked for a default based on inactivity on his part. I know I will have a default hearing, will he be able to attend? Will he be able to testify against me at this hearing?

Attorney Answers 2

  1. If the order granting you custody has been granted, then why would there be another hearing? If your ex wants to overturn the order, he'll either have to appeal or ask the judge for a re-hearing, which is rarely successful.

    This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

  2. If the default order has actually been granted, he has a very small window to ask the court to reconsider and set the custody hearing back in. If the order has NOT been granted and is just pending (i.e. your attorney filed the Motion for Default but the court has not acted on it yet), then it is possible that the other party might show up at some subsequent court hearing and ask that the motion for default be denied. Since you already have an attorney, these are the questions that you should be asking them.

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