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?


Asked on 9/22/01, 9:49 am

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

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.

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Answered on 11/08/01, 9:17 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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.

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Answered on 11/06/01, 10:37 am


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