Legal Question in Family Law in Maryland
Won child custody Appeal back to Curcuit fo rexceptions
My nephew ''won'' his appeal to his child custody case. Full legal custody had been granted to the mother. Basicly they found no proof that there should be maternal preference and no proof that my nephew was an unfit parent. In my words, they found no reason he shouldn't have joint custody, but why didn't they make that order? Why does it go back to the same judge in Circuit Court that ruled against him before? The MD Court of Special Appeals said, ''Judgement reversed. Case remanded to the circuit court...for an immediate exceptions hearing. Costs to be paid by the Appellee.'' What is an exceptions hearing now? Do they re-try the case, in a sense? When does she, the Appellee, have to pay the court costs to my nephew? How is that enforced?
2 Answers from Attorneys
Re: Won child custody Appeal back to Curcuit fo rexceptions
When the appeals court reverses a decision of a trial judge, it means that they found legal errors in the trial judge's handling of the case, so it is sent back to the same judge to correct the errors. Although you didn't provide a lot of information, it appears that the appeals court found that the trial judge failed to give your nephew a hearing on exceptions that he filed to a master's decision, and the appeals court has ordered the trial judge to do so.
Re: Won child custody Appeal back to Curcuit fo rexceptions
Your nephew should speak to the attorney that represented him for the appeal. A full review of the record is needed to answer your question precisely. It appears that custody was changed and with this so usually does child support. Joint custody can occur several ways. Contact an attorney should you need legal assistance.
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