Maryland Fathers Rights Attorneys Network



Procedure in the Howard County MD Circuit Court For Custody Cases

Family Law is the same for all Courts in Maryland, however, the internal Court Procedure for how things are done varies from County to County.   For example, in the Montgomery County Family Law Court, they bifurcate Custody and Divorce issues and have two separate Trials for these things.   The Howard County Family Law Court usually does not bifurcate Custody and Divorce the way the Montgomery County Court does, but includes them both in the same Trial when both Divorce and Custody are involved.


After the Defendant files their Answer to a Complaint For Custody and/or Divorce, the Howard County Circuit Court will issue a date for a Scheduling Conference.   This is where both parties and their attorneys (if they have) must appear to set the date for a possible pendente lite hearing and Pre-Trial/Settlement Conference.   Some Courts, such as the Circuit Courts for Allegany County and Garrett County, do not usually set Scheduling Conferences and just issue the dates that will apply in this case.   The Circuit Court For Howard County, MD usually does require a Scheduling Conference.


The Scheduling Conference is also the time to request a court-appointed Best-Interest Attorney for the child involved in the case and/or a Custody Evauation done by the Court, if desired.


At this time (December of 2025), the Circuit Court For Howard County, MD does provide free Custody Evaluations done by the Court.   Not all Courts in Maryland provide this service.   This could change at any time.


At this time (December of 2025), the Circuit Court For Howard County MD requires a $5,000 deposit from the parties (with each providing half) for the service of a Best-Interest Attorney for the Child being provided.   Best-Interest Attorneys appointed by the Circuit Court For Howard County, MD can charge their normal hourly rate, and if/when this deposit is used up, the parties will be required to pay an additional amount.   This could change at any time.   Some other Courts in Maryland require a much higher initial deposit, and some other Courts in Maryland require much lower initial deposits.


The Howard County MD Circuit Court usually sets Scheduling Conferences on Tuesday, Wednesdays, or Thursdays.


These are usually set to be in-person, however, if both parties request it, Scheduling Conferences can be changed to be online.   This Joint Request must be done by sending an email to the Family Law clerk with a copy sent to the other attorney or party.   They do not allow "hybrid-hearings" for Scheduling Conferences in this Court -- all parties and Counsel must attend online, or all must attend in-person. The purpose of a Scheduling Conference is to set dates for things like pendente lite hearings, Pre-Trial/Settlement Conferences, and possibly order things like mandatory Mediation, Custody Evaluation, and/or the appointment of a Best-Interest Attorney for the children involved in the case.


Pre-Trial/Settlement Conferences in the Circuit Court For Howard County MD can be set any day Tuesday through Friday, and online appearance for these is not usually allowed.


The purpose of a pendente lite hearing is to maintain the Family status quo when the other party has done something to disrupt this status quo and expedited relief is needed due to a Trial date not being available for several months.


Pendente Lite Hearings and Merits Trials in the Circuit Court for Howard County, MD can be set for any day.   They do not usually allow more than 3 hours for a pendente lite hearing.   You can file a Motion asking for a full-day pendente lite hearing, as you can file a Motion requesting anything, but the odds are high, it will be Denied in this Court.


Uncontested Hearings are usually set on Wednesdays and Fridays and are usually set to be by Zoom.


Contempt hearings may be set on any day, but once set may not be rescheduled without "extreme good-cause."


After the Scheduling Conference, a Scheduling Order will be issued.   This will contain deadlines and other requirements.   Some Courts have more deadlines and requirments in their Scheduling Orders than others.   Some Courts in Maryland do not issue Scheduling Orders for Family Law cases.   The Circuit Court For Howard County MD usually does.


Here are some typical dealines and requirements of the Circuit Court For Howard County MD:


Interrogatories and Request For Production Of Documents and Request For Admissions must be served within 90 days of the Scheduling Conference.


All Amendments To Pleadings must be filed within 120 days.


The parties must exchange their Pre-Trial Statments within 120 days of the Scheduling Conference with a Joint Pre-Trial Statement being filed 14 days after that.   --This is even for Custody cases not involvind Divorce (which is not the case in some other Maryland Courts).


The parties shall prepare a listing of the documents and records to be offered in evidence by each party at Trial, other than those expected to be used solely for impeachment, indicating which documents the parties agree may be offered in evidence without the usual authentication.


Parties shall exchange lists of anticipated witnesses (other than impeachment witnesses) and COPIES OF anticipated Trial Exhibits no later than (10) days prior to Trial.   --Not all Courts require this.   The Circuit Court For Howard County does.   --It is not enough to say you turned these things over in your Discovery Responses, because there is no presumption that all things turned over will be used as Trial Exhibits.   Copies Of Exhibits is different that just "a list of" Exhibits, as is required in some other Courts.   --You must plan ahead in this way for Trials in this Court.


*It is very important for you to read the Scheduling Order issued in your case because it could have other deadlines in it.


It has been our experience that the Circuit Court For Howard County, MD issues Notice Of Immediate Order for Magistrate's Recommendations, and that they require a possible hearing Objecting to this to be set within two business days of the issuing of these Magistrate's Recommendations, so you need to be ready for this possibility in regard to the need to possibly need to be in that Court within two business days of such Notice after any Exceptions Hearing you may attend there.


*The information on this page is general, could change at any time without Notice, and is not meant to replace Legal Advice.