Legal Question in Family Law in Maryland
In a custody case, Plaintiff files for custody against defendant. Doesn't know where defendant is, so cannot serve defendant. Defendant finds out somehow about custody case. (Probably checking case search - parties already went to court for paternity and support and support is established) Defendant files an answer to the complaint, not wanting custody or visitation and agrees to what Plaintiff is asking - full custody. The form for the Plaintiff to serve the Defendant only had the Defendent's name and at the bottom said the Defendant did not have to appear. But there was no court date. Address and complaint now on record. Court date is now set. Parties receive a Notice of Procedure. States case was reviewed and it's an uncontested posture, defendant agrees to the relief requested by plaintiff.
It states "Procedurally, the next step is for the Plaintiff to take testimony to support the complaint. It is the Plaintiff's responsibility to make all arrangements for the testimony, including notifying the defendant of same." It then gives several names and numbers of Standing Examiners to contact.
The notice then says if proceding without an attorney, a custody order needs to be prepared for submission to the court when testimony taken.
It then states: "in the event there are no further proceedings in this case, both parties must appear for a status hearing on (date given) before the master. Failure to appear will result in the case being dismissed without prejudice".
Having said all this, I have several questions:
1. If it is uncontested, why is there testimony?
2. If a time and date are set up for testimony and the Defendant does not participate or show up, what happens?
3. If the Plaintiff participates in the testimony and the defendant does not, and the court date still stands (status hearing) and the Defendant fails to show, will the whole thing be dismissed or can the Master rule in favor of the Plaintiff anyway, since the defendant didn't contest it and made it clear did not want to participate?
Thank you.
1 Answer from Attorneys
Even in an uncontested case the court will want to hear from the plaintiff as to his/her fitness for custody to satisfy itself that the custodial plan is in the best interest of the child. The plaintiff's testimony should suffice. It doesn't matter is the defendant doesn't show up--if the defendant agrees the plaintiff should have custody, there is no reason to do so. However, I would think the defendant might want a visitation schedule if they are interested in that. Also, there should be a child support order, and for that you would need to complete a worksheet indicating the parents' respective incomes and certain expenses. You can find the form for this on the Md Courts website.http://www.mdcourts.gov/family/formsindex.html It sounds like you are in a county where Standing Examiners are used, which are private attorneys appointed by the court to take this testimony and make recommendations to the court. You will have to schedule a hearing with an examiner and notify the defendant. You will have to prepare a custody order as well, and if you aren't going to seek legal assistance from an experienced family law attorney, you may be able to get help if your clerk's office maintains pro se forms for this purpose. The status hearing part doesn't appear to apply to you since you have an active matter pending.
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