Legal Question in Family Law in Maryland

Child custody hearing

A friend of mine has a custody hearing on the 17th. He is wondering whether his children aged 15 and 10 will have the chance to speak at the hearing, as both would prefer to stay with him. Does he need to request that their testimony be heard prior to the hearing? How does he go about making that request if required? He is also wondering if the hearing is where the final decision on child custody will be made or if there will be a more formal hearing later on. What sort of information should he bring with him to the hearing- i.e. what sort of information will the court look at to determine what the child's best interests are?


Asked on 10/24/05, 8:09 am

2 Answers from Attorneys

Alton Drew Alton Drew, LLC

Re: Child custody hearing

At times the master or judge will have the children come to his or her chambers and hear from the children personally. The parent can ask during the hearing that the master or judge hear from the children by letting him know that the children are available for testimony. This hearing may be enough after which an order spelling out child custody will be provided.

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Answered on 10/24/05, 8:22 am
Robert Sher Wagshal and Sher

Re: Child custody hearing

If your hearing is before a master, if either parent is dissatisfied with the master's recommendation after the hearing, he/she can file exceptions and the matter will be reviewed or possibly reheard by a judge. Of course, if the hearing is before a judge, there are rights of appeal, but it would be rare that an appeals court would reverse a custody decision made by a judge unless legal errors were committed.

Your friend should be prepared to demonstrate the living situation in his home for the children, who supervises them when he's at work, how they are doing in school, what other activities they're involved in, etc. An experienced family law attorney would bring in friends, teachers, counselors, other family members as appropriate to testify on his client's behalf, to indicate how well the children are doing under his supervision.

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Answered on 10/24/05, 10:40 am


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