Parents have an absolute right to appeal any adverse custody Order issued by a Maryland divorce court. However, filing an appeal is not the same as winning the appeal. For questions about Maryland child custody and appeals, call the Law Office of Robert Castro. Our number is (301) 870-1200. You can also use our contact page. We have offices in Waldorf, Maryland, and offer family law legal services to communities in St. Mary’s County, MD, and throughout Southern Maryland.

There are three basic grounds for appealing an adverse custody Order, and each is difficult to win. First, it can be argued that the Maryland divorce court made an error in deciding the custody arrangements. On appeal, however, the Appellate Court will not reverse a trial court’s decision unless the error (or mistake) is obvious. If the decision is a matter of reasonable differences of opinion, the Appellate Courts will not reverse. They will not “substitute” their opinions for those of the trial court. The error must be obvious, like giving custody to an admitted drug addict or a convicted bank robber. The legal standard for awarding custody is the “best interests of the child.” Giving custody to drug addicts or bank robbers is clearly not in the best interests of the child. So, those might be examples where an appeal might succeed.

Another basic argument on appeal is that the Maryland divorce court failed to follow the law by, for example, failing to consider all of the important factors. By law, a Maryland divorce court must consider about 13-14 “factors” when making a child custody decision. Examples include:

• Fitness of parents (including criminal records)
• Character of parents
• Desire of parents
• Any agreements between the parents
• Preference of the child or children
• Material advantages of each parent, the upbringing of the child or children (including employment and financial wherewithal)
• Age, health and sex of the parents and of the child or children
• Where the parents are living or plan to live
• Geographic proximity of parental homes
• History of abuse or neglect
• And more

One argument on appeal is that the divorce court failed to consider all of the required factors. This CAN be the basis for a successful appeal. However, Maryland divorce courts are aware of the requirement. Consequently, courts often go to great lengths to mention and discuss each factor that is required by the statutes. This can lead to lengthy and tedious opinions from the divorce court, but also lowers the risk of being reversed on appeal.

Another argument that can be made on appeal is that the trial court was biased in some manner. This might be based on several possibilities, like:

• Personalities — the judge exhibited hatred or malice toward one parent
• Family connections — the judge had some family connection to one parent or the other
• Professional ties — the judge had some unethical association with lawyers or other individuals involved in the case that impacted the judge’s decision
• Gender, race, or other bias

As one might imagine, it is difficult to prove any of these biases and even more difficult to win an appeal based on such allegations. In summary, appealing an adverse custody Order is allowable. However, the legal standard for winning an appeal is high.

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.