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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116709
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On January 20, 2015 I received a subpoena along with and

Customer Question

On January 20, 2015 I received a subpoena along with and extensive request for documents, answers to interrogatories, as well as 3 years of financial statements. The subpeona required my appearance on January 30, 2015 for a hearing before a Master as well as all of the documents. The letter stated that the hearing was in regards ***** ***** custody and visitation issues. The letter also stated that each party would be given 15 mins to present there arguments and any evidence that related to child custody and visitation. I brought doctors reports of my sons 2nd degree burns, cps reports, pictures and pediatricians documentation of hand mark bruises on his buttocks. The master refused to even look at one piece of my evidence or listen to any of my arguments. I later discovered According to the Harford County website masters do not hear issues regarding custody or visitation. Further more according to the md rules both parties have to agree for there case to be heard before a master and a master can not issue a court order regarding custody and visitation unless there has been a previous court order in place. I later obtained the transcripts of the hearing. I tried to present my evidence and argument to the master during this hearing 14 times and he refused to acknowledge any of my statements or evidence. At one point in time he admits on the record that that he hasn't viewed any of my documents nor did he acknowledge any of my concerns of the physical abuse of my son or the substance abuse of his father. He simply granted my ex even more visitation then he requested. At the end off the hearing he ask me if I understood and agreed to his ruling I said no I don't agree to his ruling. he then ask me to state my name and address and made his ruling. To add insult to injury his ruling is labelled as a "consent order". After three months and three motions and begging the harford county court to order my ex to take a drug follicle test my motion was finally granted. MY Ex of course came up positive for cocaine 3x's over a 30 day period before. I finally was granted a hearing before a Judge. I requested a temporary supervised order be placed in effect until my ex completed a drug rehab program and anger management. No brainer!. I stood before the Judge and began my opening statements. I didn't even get halfway through when the Judge stated to me: "You knew he was a drug addict and you still consented to a visitation agreement and now all of a sudden you change your mind! Your motion is denied" So thats my situation and my question is beings that my due process rights were violated do I have grounds to void the Judgment? I have read quite a few supreme court rulings that state that there is no statute on due process violations they can be attacked at any time. If this is True where do I file a complaint other then this hillbilly court and how can I get this Order Voided
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Has anything been filed or reported?
Customer: no not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes I need to know if the courts can order a temporary change in custody based on a contempt allegation and without notifying me of the hearing
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You now need to file a notice of appeal in the court where the judge made this final judgment and you need to take this matter to the court of appeals, where you will have to send them all of the transcripts and evidence presented in the lower courts and proof from the magistrate court that there was never any consent to the order and you objected and ask the appeals court to overturn the judgment. This means you will need a local attorney to represent you because an appeal to the court of appeals will require a legal brief written on the appeal and explaining the facts and laws and case law. If you cannot afford an attorney, then you can go to legal aid for assistance and show them the proof of abuse and you should be able to get legal representation.
As far as taking custody from you on a contempt motion, generally no they will not unless there is proof you are abusing the child and then they could do so.