Legal Question in Family Law in Maryland

My husband is going to court in 3 weeks reguarding custody of his son. We currently have temp custody due to the CPS removing him from his mothers care. We have a motion for default judgement against her and now our papers say instead of modification of custody, we are going for a change of custody. I am not sure what the default judgement means and what the difference in modification of custody and change of custody is. When we filed the petition to modify custody, she had 30 days to file an answer and didn't. When the default judgement was granted, she had 30 days to file an answer and didn't. She has not filed any paperwork what so ever reguarding this matter. Can you please explain those two things. Thank-you very much for you attention in this matter.


Asked on 9/01/09, 6:58 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Modification of custody is the same as change. Default judgment means the mother has failed to timely file a response, so the court is proceeding on your petition without her participation. The hearing should be very short unless she shows up, and your husband will in all likelihood be granted formal custody at that time.

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Answered on 9/08/09, 1:03 pm


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