Legal Question in Family Law in Maryland

Protective Order Amending and Modifing

My wife and I are currently seperated. I had a protective order in place giving me custody of my 2 kids 10 and 11 year olds.

My wife just recently succeeded in overturning the order with a protective order of her own. My question is, can I appeal the order or modify the custody portion of the order so that I can get my kids back? or do I need to open a whole new case?

Any information you can provide me will be greatly appreciated.

Regards


Asked on 1/05/02, 2:07 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Protective Order Amending and Modifing

Once a protective order has been entered by a judge, another judge lacks the authority to essentially overturn the first order and enter one of his own. If you had retained an attorney when your wife filed for her order, your attorney would have pointed this out to the judge.

You didn't state the terms of your wife's order. Does it prevent you from having contact with your children? You should seek a rehearing on her order, but you should retain an experienced family law attorney to represent you if your children's welfare is at stake.

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Answered on 1/06/02, 10:40 am


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