Salisbury, MD asked in Family Law for Maryland

Q: What is a default custody hearing? because my sons mother never responded to pleas for a custody hearing.

We have been sharing visitation of my son without the courts help but it has gotten ugly she is a heroin addict and is out of control i am afraid for his safety when he is with her. she was recently incarcerated will they transport her to the hearing? they have also schedukled an emergency custoduy hearing for six days after the default hearing.she has been arrested 3 times between 09/03/2011 and 09/09/2011 twice for narcotics once for assault and assault on a correctional officer. dont i have rights that supercede her parents rights as i am the birth father

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1 Lawyer Answer
Richard David Lebovitz
Richard David Lebovitz
Answered
  • Towson, MD
  • Licensed in Maryland

A: A default hearing usually means that the responding party or Defendant has failed to file an answer to the moving party's complaint. The Plaintiff would then request a default from the court to allow the case to proceed. At the hearing, only the Plaintiff appears and the court would usually grant Plaintiff the requested relief. In a custody case, the above procedure is followed but the defaulting party is still given the opportunity to be heard at a hearing. In cases involving parental rights and children, Maryland courts have held that the innocent child's rights to access to the parents should not be waived due to in action of one of the parents. In this case the mother should attempt to contact the court and advise of her situation and request transportation to appear in court. Otherwise, the court may postpone the hearing to make the necessary arrangements.

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