Legal Question in Family Law in Maryland

Re: Order of Default

An exparte hearing, that is in absence of the mother and only in the presence of the complaintant-father, will be held after you request

and are granted an order of default. After you request an order of default, the court will notify the mother and give her another chance to respond wherein she must show cause for not responding the first time. An order of default may not issue if she properly responds to the second notice.

Preserve your rights and file appropriately for an order of default. Make sure you provide details for the order of default to issue (i.e., proof of service which shows the date that the sheriff served the mother). If

the mother does not respond to the second service in proper time, the order of default will issue and then you will then be scheduled, upon your request, to provide your evidence for custody in an exparte hearing. Looks like you may have a good chance of getting custody, good luck.

Re: Order of Default

You have to apply to the court to enter a default and have an exparte hearing scheduled. In your request, you recite the date of service (make sure the sheriff's service return is filed) and the fact that more than 30 days have passed since then. Once a judge enters a default, the matter will be referred to the assignment office to schedule a hearing.

Re: Order of Default

When you file a "Request for an Order of Default," the court will issue a default order informing the other party that he/she is in default and granting an additional thirty days to file a response which includes (1)an explanation of a reason for the failure to file on time and (2) a statement of what the response is to the Complaint. The party will also be notified that if he/she has not filed this document within the thirty days, the court will proceed with a hearing without that party and will make a decision based on the evidence presented by the Plaintiff, the person filing the complaint for custody.