You have had a custody trial and you believe that the judge got it wrong. What can you do? In Maryland, if you believe a custody decision was wrongly decided, you can appeal through a specific process. Here are the general steps:
1. File a Notice of Appeal: This must be done within 30 days after the custody order is entered by the court. You will need to file this with the clerk of the circuit court where the original decision was made. There is a filing fee that varies by county.
2. Prepare the Record: You will need to request the court to transmit the record (all documents, transcripts, and exhibits) from the original case to the appellate court. This can involve costs for obtaining transcripts.
3. Submit an Appellate Brief: Both you and the other party will submit briefs to the Court of Special Appeals. These briefs outline the legal arguments, pointing out errors in the original custody decision and why it should be reversed or modified.
4. Oral Argument: In some cases, the court may allow or require oral arguments. This is an opportunity for both sides to present their case and answer any questions from the judges.
5. Decision by the Court of Special Appeals: After reviewing the briefs, the record, and potentially hearing oral arguments, the appellate court will issue a written decision. They may uphold, reverse, or remand the case for further proceedings.
6. Further Appeals: If either party is dissatisfied with the decision of the Court of Special Appeals, they may request a review by the Court of Appeals, Maryland’s highest court. However, this is discretionary, and the Court of Appeals chooses which cases to hear.
It’s recommended to work with an experienced family law attorney during the appeal, as the process is complex and appeals are generally limited to legal errors rather than re-evaluating factual determinations made by the trial court.
