QUESTION
In Maryland, what happens after a motion of default is filed in regards to a custody case.. what does this mean to me as the plaintiff
Asked on Jan 17th, 2019 on Child Custody - Maryland
More details to this question:
My daughters father and I got into a physical altercation and he was arrested. Now he has been served him with papers regarding custody and he never replied. So now a motion of default has been submitted to the courts, so what happens next? How long do I have to wait?
2 ANSWERS
The defendant can file a Motion to Vacate Order Of Default asking the Court to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim.
If he does file Motion to Vacate and the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order.
If a motion was not filed or was filed and denied, the court may enter a judgment by default that includes a determination as to custody and all relief sought.
Answered on Jan 29th, 2019 at 4:24 AM
The defendant can file a Motion to Vacate Order Of Default asking the Court to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim.
If he does file Motion to Vacate and the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order.
If a motion was not filed or was filed and denied, the court may enter a judgment by default that includes a determination as to custody and all relief sought.
Answered on Jan 29th, 2019 at 2:17 AM