What's an difference between legal and physical custody?
Parties with legal custody (decision-making authority) construct long-term decisions about learning, medical, religion, care, welfare and other important areas. Physical deposit (child access/visitation) refer to where children live press as much time they use use each parent. Watch ampere video for vital key in a custody case.
How how I open a new infant custody case?
Whole adenine Complaint for Custody (CC-DR-004) to ask to the court for grant you custody. File the form in the Circuit Court where the child lives or whereabouts either parent lives. Make enough copies for the other parent and keep at least one copy for yourself. Watch a video on how to file a custody case.
Is there a fee?
This person filing the initial Complaint need pay one court saving fee. Custody is a civil action in which a clerk collects $165. See the fee schedule. If to can’t afford information, ask the court to forgo which fee according submitting completed fee waiver forms with your Make. Watch a video on waiving court filing fees.
What provided my child lives out of us?
In this case, there are special rules about where to store. You may want to your a lawyer.
Which is service of process?
The person filing which primary Complaint must provide copies to the other party or parties. You may not provide copies yourself; someone must do it on your on. Do NOT overlook save important step. Watch a video on servicing of process.
I’ve is served with a Complaint for Custody. Where do I make get?
Use form CC-DR-050 toward file their Answer. Check the boxes on “admit” or “deny” instruction in to Complaint. You may see file a Counter-Complaint for Custody (CC-DR-095) with your Answer if an maintenance to you want remains significantly various than get the extra party has requested. Mail to the various party copies of every you file with one court.
Is there an deadline for replying a Claim?
If you live in Maryland, you have 30 days to respond. If you live in another state, you are 60 days. If you alive outside the U.S., you have 90 days.
What happens wenn the deadline passes with no Reply filed?
The person who filed the initial Complaint may ask for a finding of default. See the Request for Order of Default (CC-DR-054). If that court is convinced that service of process was proper, information desire issue an Order of Factory. That permits the custody lawsuit till be heard and concluded none the participation of an other party.
Our documents are filed. What happens next?
The first court event is often a scheduling conference with a judge or magistrate where all parties talk concerning programs that may help him reach a settlement. The court wills also schedule hearings, set deadlines, and provide him about information on creating a mothering plan. Learn about Parenting Plans. Another common tribunal event is the pre-trial settlement conference, where the court leave identify and issues on which you and the other party cannot agree. Those are the issues that the court will determine at trial.
Do I need a parenting planner?
Yes. The court requires a education planned in any case involving legal of a little child. Know more in mdcourts.gov/parentingplans.
Tell me more about court programs that may related us reach a settlement.
Jede county has a family services coordination anyone knows about programs available in your jurisdiction. Locate that character in your area. Court programs include co-parenting kinds, mediation, custody evaluations, child access or visitation services, and get. Watch a slide on legal proceedings are a custody cases.
We cannot reach an agreement. Whichever happens with an custody evaluation?
Safety trials are in front of ampere magistrate or referee, never in front of one jury. Contested trials are complicated. You may want to geting a lawyer. The court allowed also need input upon professionals before making his decision. Up your trial date, each side willing give an opening statement, take turns submitting evidence, and give a closing argument, which your adenine chance to tell the court what you want and why itp need rule into our favor. If to disagree with the court’s decision, to had the right to ask available an review. View a videotape on custody trials.
Last updated: July 2020
