How Maryland Courts Handle Custody When Domestic Violence Is Involved: Understanding J.A.B. v. J.E.D.B. (2021)

Domestic violence changes everything in a family law case. When there is a history of abuse between parents, Maryland courts must put safety and stability at the forefront, especially when determining custody. One recent important example is J.A.B. v. J.E.D.B. This case illustrates exactly how judges evaluate parenting arrangements when allegations of domestic violence are supported by the record.

Background of the case 

The case of J.A.B. v. J.E.D.B. began as a custody dispute between two parents who had gone their separate ways after a difficult and sometimes volatile relationship. The mother told the court that during the marriage, the father had been physically abusive toward her — a serious allegation that became central to the custody proceedings.

The couple shared a child, so the court had to make two major decisions: who would have legal custody (the authority to make important choices about the child’s life), and who would have physical custody (where the child would primarily live).

During the trial, both parents testified, and the court looked closely at their history — including previous incidents of domestic violence. After hearing the evidence, the judge awarded the mother primary physical custody. The father was given unsupervised visitation rights, but the court decided not to grant joint legal custody, likely due to concerns about ongoing conflict. And the parents’ ability to work together in the child’s best interest.

Unhappy with the outcome, the father appealed. He argued that the trial court was wrong to deny joint legal custody and unfairly favored the mother in giving her primary custody.

The appeal 

The Maryland Court of Special Appeals upheld the trial court’s decision, finding that the judge acted within the bounds of their discretion. What makes the appellate court’s opinion especially important is how clearly it illustrates Maryland’s approach to handling custody cases where domestic violence is involved.

• Domestic violence plays a central role in custody decisions – Under Maryland Law (Family Law § 9-101), courts are required to take allegations of domestic violence seriously. If a judge found reasonable grounds to believe the parent was telling the truth, then they must act on that knowledge and proceed accordingly.

• Joint legal custody is unworkable when communication is unsafe – Maryland courts have consistently said that joint legal custody only works when both parents can cooperate and communicate in a respectful way.

• Visitation can still be allowed, depending on the circumstances – Even though the mother was granted primary physical custody and sole decision-making authority, the court still allowed the father unsupervised visitation.

Overall, the appellate court’s decision in J.A.B. v. J.E.D.B. reinforces the idea that custody decisions must always be grounded in the child’s safety and well-being — especially when domestic violence is part of the picture. It also highlights that courts must weigh not just the legal standards, but the real-life dynamics between parents when determining what’s truly in the child’s best interest.

Talk to a Bel Air, MD, Family Lawyer Today 

Schlaich & Thompson, Chartered, represents the interests of Bel Air, MD, residents during their divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.