Legal Question in Family Law in Maryland
Can a Ruling on Custody be Appealed?
Wicomico Circut Court recently descided a custody issue between my wife and her ex-husband. Can The ruling be appealed?
2 Answers from Attorneys
Re: Can a Ruling on Custody be Appealed?
An appeal can be filed with the Court of Special Appeals, but it must be filed within thirty days of the entry of the judgment. The court always maintains continuing jurisdiction over matters of custody, until the children reach the age of 18, and it is always possible to go back to the Circuit Court to request a change of custody, but you must have a "material change of circumstance" as ab asis for the requested change. the change of circumstance may be any condition or circumstance which has appeared of developed after the original order. It could be that the custodial parent is moving to Afghanistan, or has become a drug addict, or has begun living with a convicted child abuser, or any number of less drastic circumstances which impact on the welfare of the child.
Re: Can a Ruling on Custody be Appealed?
Any judgment can be appealed providing there is
a proper basis. The standard is clearly erroneous.
If evidence was not available at the time of trial even
with due dilengence to discover such or if such evidence
was fraudulently concealed, this would be another
basis for appeal. Otherwise, a change in custody can be
sought. The later is not an appeal. In order to get a hearing
to change custody, there must be a showing of a material change
in circumstance from when the order was granted.
I cannot provide any other information as your question does not
provide a basis to do so.
DISCLAIMER: THE ABOVE DOES NOT CONSTITUTE LEGAL ADVICE, RATHER IT
IS INFORMATION ABOUT THE LAW. WHEN CONFRONTED WITH A LEGAL ISSUE, THE BEST
ADVICE IS TO ACQUIRE THE SERVICE OF AN ATTORNEY. NO ATTORNEY-CLIENT
RELATIONSHIP IS FORMED AS A RESULT OF THIS RESPONSE AND NO RELIANCE THEREOF
SHOULD BE TAKEN.