QUESTION
What should I do to get custody of my son?
Asked on Jan 29th, 2015 on Child Custody - Maryland
More details to this question:
The father was given sole legal and physical custody of my son after a hearing that I wasn't aware of or notified of. I was only notified of the result of the hearing held on 1/26/15, I was never made aware of the date beforehand. We had a previous date of 12/1/14 but I was admitted in the hospital the day before and I notified the court of this. It began with a protective order he filed against me, which he later was given temporary custody after telling the judge I had left the building. Each modification I filed was denied simply because he told the judge I had left.
1 ANSWER
Appellate Practice Attorney serving Cockeysville, MD
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Law Office of Jason Ostendorf LLC
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Tiffany, thank you for your question. I'm a child custody lawyer in Baltimore, Maryland, and regularly deal with issues like yours. It is rare that the court fails to send notice of a hearing, but sometimes it does happen. I would file a motion for reconsideration immediately, alerting the court to the lack of notice. You should have a lawyer do this for you.
If this was a pendente lite hearing, then you may have another opportunity to obtain custody at the final hearing. However, if it was not a pendente lite hearing, and if the court denies your motion for reconsideration, then you will have to file for modification of custody.
Feel free to contact my firm. I can help.
Answered on Jan 31st, 2015 at 8:35 AM