Court Addresses Contested Custody In Maryland

One of the most contentious issues that family lawyers deal with is child custody. In Maryland, the overarching principle the courts consider is the best interests of the child. One of the most influential cases in Maryland history related to how courts deal with situations where there is conflict between the parents. This case established that even where parents have difficulty communicating, the court can award shared custody if it is in the best interests of the child. 

Background of the case 

In the aforementioned case, both parents were divorced and locked in a bitter dispute regarding the custody of their child. The main issue in the case revolved around legal custody, which refers to the decision-making authority to make major choices in bringing up the child.

From the evidence presented in this case, it is evident that both parents lacked effective communication skills. There were often disagreements between them, and cooperation from both parties was low. However, both parents were actively involved in bringing up the child and were deemed fit to care for the child.

The lower court attempted to strike a balance between the importance of both parents being involved in the child’s upbringing and the difficulties that arose from the parents’ inability to cooperate and communicate effectively. In this case, the lower court decided to award both parents joint legal custody, despite their problems. However, it also provided that one party would have “tie-breaking authority” if both parents couldn’t agree. 

The appeal 

The arrangement was challenged on appeal. The appellant argued that the award of joint legal custody was inappropriate since the parents were not able to communicate with each other. Joint legal custody requires a minimum level of cooperation and communication. The appellant also argued that the award of tie-breaking authority amounted to sole custody anyway.

The court, in this case, reaffirmed the lower court’s decision. The court noted that the ability of the parents to communicate with each other is an important factor, but not the only factor. The court also noted that the decisions regarding child custody must be flexible and made in the context of the unique facts and circumstances of each case.

The court also noted that the award of joint legal custody with tie-breaking authority is permissible. Joint legal custody allows the child to benefit from the involvement of both parents. The award of tie-breaking authority allows for the resolution of disputes without the involvement of the court. The court noted that this does not amount to the award of sole custody but rather a balancing approach. 

Talk to a Bel Air, MD, Child Custody Attorney Today 

Schlaich & Thompson, Chartered, represents the interests of parents in disputed custody cases. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/maryland/court-of-appeals/2016/89-15.html