Legal Question in Family Law in Maryland

If the defendant files a motion to set aside the default and seeks custody, a court will in all likelihood grant such a motion and allow the defendant to participate. This is because the court must ultimately grant custody to whomever it would be in the best interests of the child to do so. If the defendant doesn't file anything before the hearing but appears, the court might postpone the hearing if the defendant indicates they want to contest custody, but wouldn't allow the hearing to go forward over the objection of the plaintiff, because the plaintiff would not have received an answer to the custody petition or the ability to prepare by using discovery procedures.