Judge entered an order for custody & there are many things that don't seem right. Help me with case law & Family Law!!

Asked about 1 year ago - Cumberland, MD

The mother of my child denied me access. She admitted this under oath many times. I had an Emergency Hearing & the Master wrote a recommendation for her to have custody. I filed exceptions which were granted by a judge. Exceptions was scheduled for same day as my Merits hearing. This didnt happen so the mother didnt allow me to get her. I had the BIA on my side. If the exceptions hearing happened it wouldve, at least I wouldve got the chance to get overnight visits with the Master recommendation. It was the only means to "force" her hand. I couldve used these months of overnights to present in court my experience of having my daughter. Judge held it against me I didnt have overnights instead of holding it against her for denying access. Grounds for appeal? Need case law. Please help!

Attorney answers (2)

  1. Bennett James Wills

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You may have grounds for an appeal. You have 30 days to note the appeal if you choose to file one from the time of the order. Unfortunately, this forum is for general information. Providing relevant case law takes time. I highly suggest contacting a local appeals attorney to evaluate your case.

    www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for... more
  2. Jason E Cuomo

    Contributor Level 4

    Answered . Generally, a trial court has wide discretion to attach various conditions and restrictions to visitation that it deems to be in a child's best interests. There are many factors that a court is required to consider in connection with this type of determination. You should consult with an attorney for more information concerning these factors and how they apply to your case. Appeals on these issues tend to be difficult insofar you are required to demonstrate to the appellate court that the trial judge abused his/her discretion or was clearly erroneous in the fact findings made in connection with your hearing. You should also know that you have 10 days from the date of your Order within which to file a motion to amend judgment. You may want to use this option as a way to request the Judge to consider a graduated schedule of access that eventually enables you to exercise overnight access with your child. Quite importantly, custody/visitation is never permanent and may be modified upon showing that a material change of circumstance has occurred.

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