Legal Question in Family Law in Maryland

Re: Exceptions to court ruling per Master of court

I'm not quite sure about the procedural posture of your case. I assume you are the father. If so, you can email me at [email protected] and I can point you to some resources here in Maryland.

Re: Exceptions to court ruling per Master of court

Obviously you are the mother and quite discontent with your case. First, there are several procedural motions that the court may grant to avert the catastrophe that it sounds like you and your former spouse are about to entertain. One of which is court ordered mediation and another is coordinated parenting. Each of these require motions but your case may have gone beyond the viability of these.

More importantly, if the judge has stated in his/her opinion that he/she will hear exceptions, then it is utmost importance that you hire an attorney and have your exceptions propertly filed and heard. This is a crucial stage in a custody hearing and will be determinative. Basically, the judge has stated that he/she is "somewhat" in line with the Master's report but not "fully" convinced.

HIRE AN ATTORNEY!

Please review my other responses as to what it takes to overturn a jugdment once rendered (i.e., material change in circumstance).

Be advised that time limits apply to any action that you consider and the judge is not likely to be sympathetic to your lack of preparedness.

G. Joseph Holthaus III, Esq.

(410) 799-9002

Re: Exceptions to court ruling per Master of court

The mostr likely reason why the judge turned down an appeal but permitted exceptions to be filed is that you can't appeal the decision of a Master, who has no power to issue an order, and the proper procedure is to file exceptions to his findings of fact and conclusions of law based on any errors you feel were made. If exceptions are filed within the time limit, you have every right to be heard by the judge, but you must order a transcript of the proceedings before the Master and make sure that a copy of the transcript is provided to the judge. the judge would not see a transcript of the hearing before the hearing master unless exceptions are filed. I'm not sure how this process could take five months, but most likely it is because of a delay in getting the transcript or a busy court schedule. In the meantime, the recommendation of the hearing master is not an order, and until there is an order signed by the judge there is no enforceable reason to chanage custody based on the master's recommendation. You really should not try to deal with the system, which is sometimes specific in its requirements and unclear to a person uneducated in the law, without the help of a good and experienced lawyer. It may be that the system is fine and in need of little improvement, but that it's a system which needs to be understood.