Yes. Any decision or Order issued by a St. Mary’s County, Maryland, divorce court can be appealed. When an appeal is made, the entirety of the court’s Order can be appealed, or smaller and discrete segments of the Order can be appealed. This applies to any part of the divorce court’s Order that involves child custody issues. If you have questions about appealing a child custody Order from a Maryland divorce court, seek a legal consultation. Call the Divorce and Custody Lawyers here at the Law Office of Robert Castro. We are a child custody law firm handling divorce and custody cases in St. Mary’s County, Maryland, and other parts of Southern Maryland. We have offices in Waldorf, MD. Call us at (301) 870-1200. Here is more information about appealing child custody Orders.

Who Can Appeal?

Each person — party — to a divorce case has a right to appeal “up” one level. This would be an appeal to the Maryland Court of Appeals. Each party also has a right to ask for an appeal to the final level. That is an appeal from the Court of Appeals to the Maryland Supreme Court. The Supreme Court will take only a few of the appeals that are filed with it.

What is an Appeal in a Maryland Divorce Case?

There are three levels to the Maryland court system. At the “lowest” level are the trial courts including all Maryland divorce courts. “Above” the trial courts are two levels of appellate courts: the Maryland Court of Appeals and the Maryland Supreme Court. The purpose of appellate courts is to review what has happened at the trial courts.

How are Trial and Appellate Courts Different?

Maryland trial and appellate courts are very different. Trial courts receive, review, and resolve issues involving facts and evidence. When court proceedings are depicted in movies and television shows, what is shown are trial courts. There are witnesses testifying, lawyers asking questions, objecting, engaging with the judge, etc. A Maryland trial involves admission of evidence and resolution of conflicts among the evidence. For example, if the case involved a Maryland car accident, the court (or jury) might need to resolve conflicting testimony. One party might say the “light was green.” Another witness might say the “light was red.” The conflicting testimony is resolved by the judge (or jury) based on what is seen and heard and the perceived credibility of the witnesses. In child custody cases, it has been held that the trial court’s opportunity to observe the demeanor and the credibility of the parties and witnesses is “particularly important.”

By contrast, an appellate court does not “take” evidence, does not hear and observe the witnesses, or anything like that. Appellate courts read and review written transcripts of the trial proceeding and submitted documentary evidence.

This difference is important because appellate courts generally defer to the trial courts on factual questions. That is, if the trial court says that one witness is more credible than another, appellate courts will generally defer to that judgment since the trial court was present and saw the witnesses testify.

On the other hand, appellate courts do NOT defer to a trial court with regard to legal matters. A trial court must follow the laws and precedents established by the appellate courts and the appellate courts will not hesitate to overturn a trial court for misapplying the law.

How Does This Impact an Appeal of a Maryland Child Custody Order?

When a child custody Order is appealed, questions of both fact and law can be involved. Winning on fact-based issues can be difficult. The standard of review in child custody cases with respect to factual issues is whether the trial court abused its discretion in making its custody determinations. This is sometimes called a “clearly erroneous” standard. These are high standards to meet on appeal. However, appealing a child custody Order on the basis of legal error is much easier since the appellate court can make its own interpretation of the law and how it applies to the case. This is why it is important to seek legal guidance when considering an appeal.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.