Discovery in Maryland Custody Cases: What It Is, How It Works, and Why It Matters

WHAT IS DISCOVERY IN A MARYLAND CUSTODY CASE?

Discovery is the formal legal process that allows each parent to obtain information, documents, and evidence from the other side before the court hearing. In Maryland custody litigation, discovery ensures that both parents have access to the facts necessary to prepare their case, evaluate the strengths and weaknesses of the other side, and protect the best interests of the child.

Discovery is authorized under the Maryland Rules of Civil Procedure, primarily Title 2. It applies in custody cases even though they are domestic in nature.

WHY DISCOVERY IS SO IMPORTANT IN CUSTODY CASES

1. It Prevents Surprises at Trial – Both sides must exchange evidence so each parent is fully prepared.

2. It Exposes the Real Facts – Discovery documents key areas such as school records, medical information, finances, communication logs, and parenting schedules.

3. It Verifies or Refutes Accusations – Assertions about parental fitness require evidence, not speculation.

4. It Clarifies What Each Parent Wants – Discovery reveals the custody schedule and parenting terms the other side intends to seek.

5. It Guides Settlement – When evidence is transparent, many cases resolve before trial.

6. It Protects Children – Discovery ensures the court receives accurate information to determine the child’s best interests.

TYPES OF DISCOVERY IN MARYLAND CUSTODY CASES

INTERROGATORIES

Written questions sent to the other parent, who must respond under oath. Useful for identifying witnesses, understanding claims, and clarifying parenting history.

REQUESTS FOR PRODUCTION OF DOCUMENTS

These requests require the other parent to provide specific documents such as school records, medical files, therapy notes (as permitted), communication logs, financial documents, and more.

REQUESTS FOR ADMISSION

These require the other parent to admit or deny specific statements. Admissions simplify the case and reduce what must be proven at trial.

SUBPOENAS

Subpoenas compel third parties (schools, employers, therapists, police departments) to provide documents or testimony when the opposing party will not.

DEPOSITIONS

Depositions are in-person interviews taken under oath. They help uncover inconsistencies and assess credibility before court.

KEY MARYLAND DISCOVERY RULES (SIMPLIFIED)

• Discovery deadlines are set by the Scheduling Order.

• Interrogatories are limited to 30 questions unless expanded by the court.

• Responses to Interrogatories are due within 30 days (40 if served with the Complaint).

• Requests for Production of Documents must be answered within 30 days.

• Parties must supplement their responses if new information becomes available.

• Failure to respond may result in sanctions, including exclusion of evidence.

• Discovery includes electronic communications such as text messages, emails, and social media.

• Destroying evidence (spoliation) may result in court penalties.

• Protective Orders may limit discovery when sensitive information is involved.

• Depositions require reasonable notice.

WHAT DISCOVERY IS USED FOR IN CUSTODY CASES

• To determine the best interests of the child

• To uncover hidden concerns such as instability or substance abuse

• To assess parental fitness

• To establish the truth behind allegations

• To prepare a clear, well-supported case for trial

CONCLUSION: DISCOVERY PROTECTS YOU AND YOUR CHILD

Discovery is the backbone of custody litigation. It ensures transparency, strengthens your case, and helps the court make the best decision for your child. The right discovery strategy can significantly affect the outcome of your Maryland custody case.

CONTACT INFORMATION

Custody and Visitation Law Group

Phone: (410) 800-4703

Email: szojchet@gmail.com

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