Magistrate Recommendations in Maryland

When someone is involved in child custody or child support cases in Maryland, they or the other parent involved might request a Pendente Lite (PL) hearing. They will go to the Circuit Court of the county where they reside and receive magistrate recommendations. This hearing is a way for the parties to establish temporary legal arrangements. For the benefit of their children, while they await their final trial. A Pendente Lite Hearing may establish temporary child support, a custody schedule, and alimony. In most cases, a Circuit Court Magistrate will oversee this hearing. Much like a judge would oversee a regular trial. During the hearing, both parties can present evidence and may also call upon witnesses. This is to provide support for their claim as they would if they went before a judge. Then, the Magistrate will provide their recommendations on the alimony. Or for temporary custody and child support issues at hand while the parties continue to litigate the case. Additionally, a case’s final trial presents before a Magistrate as well. The parties should expect the Magistrate to make a ruling on the issues. Whether presented in the case through written or oral recommendations.

What Are Magistrate’s Recommendations?

Following the PL hearing or final hearing with a Magistrate, the Magistrate will draft or make oral recommendations that will be provided to each party either on record at the end of the hearing or in writing within 10 days after the hearing. Immediately after notifying both parties, the Magistrate must also submit a copy of the recommendations. Also the proposed orders to the Court for final signature and verification by a Judge.A Magistrate’s Recommendations makes a ruling on child custody and/or child support issues in the case.  And they only become legally binding law as a court order once reviewed and signed by a judge. In the time between the hearing and a judge signs The Magistrate’s Recommendations, the parties should follow the temporary arrangements. All those set forth in the Magistrate’s recommendations. Once the parties receive the signed and verified Magistrate’s Recommendations from the Judge, the parties should abide by the order of the provisions in the Recommendations.An example of a Magistrate’s Recommendations would be the recommendation of primary residential custody. This is to one of the parents involved in a custody battle with a temporary child support award. And giving the other parent visitation and access pursuant to a bi-weekly schedule. Once a Judge signs the recommendations, that arrangement becomes law.

Knowing whether or not your case qualifies to hear before a Judge or a Magistrate. They require an in-depth review by an experienced Maryland Family Law Attorney. The recommendations made set the groundwork for what could happen at the final hearing. So it is important that you have competent legal counsel that will eventually help you. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule a consultation at (240) 493-9116 or angel@amurphylegal.com. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal