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 Sole Physical Custody


 
Montgomery County Dept. of Social Services v. Sanders
38 Md.App. 406, 381 A.2d 1154
Md.App. 1977.

The criteria for judicial determination includes, but is not limited to,

1) fitness of the parents, Cornwell v. Cornwell, 244 Md. 674, 224 A.2d 870 (1966); Barnard v. Godfrey, 157 Md. 264, 145 A. 614 (1929);

2) character and reputation of the parties, Hoder v. Hoder, 245 Md. 705, 227 A.2d 750 (1967);

3) desire of the natural parents and agreements between the parties, Breault v. Breault, 250 Md. 173, 242 A.2d 116 (1968); McClary v. Follett, 226 Md. 436, 174 A.2d 66 (1961); Colburn v. Colburn, 20 Md.App. 346, 316 A.2d 283 (1974); Davis v. Jurney, 145 A.2d 846 (D.C.Mun.App.1958);

4) potentiality of maintaining natural family relations, Lippy v. Breidenstein, 249 Md. 415, 240 A.2d 251 (1968); Melton v. Connolly, supra; Piotrowski v. State, 179 Md. 377, 18 A.2d 199 (1941);

5) preference of the child, Ross v. Pick, 199 Md. at 353, 86 A.2d at 469; Young v. Weaver, 185 Md. 328, 44 A.2d 748 (1945); United States v. Green, 26 Fed.Cas. No. 15256, pp. 30, 31-32 (C.C.R.I.1824);

6) material opportunities affecting the future life of the child, Thumma v. Hartsook, supra; Butler v. Perry, supra; Cockerham v. The Children's Aid Soc'y of Cecil County, 185 Md. 97, 43 A.2d 197 (1945); Jones v. Stockett,2 Bland. 409 (Ch.1838);

7) age, health and sex of the child, Alden v. Alden,226 Md. 622, 174 A.2d 793 (1961); Cullotta v. Cullotta, 193 Md. 374, 66 A.2d 919 (1949); Piotrowski v. State, supra;

8) residences of parents and opportunity for visitation, Rzeszotarski v. Rzeszotarski, 296 A.2d 431, 440 (D.C.App.1972);

9) length of separation from the natural parents, Ross v. Hoffman, supra; Melton v. Connolly, supra; Powers v. Hadden, 30 Md.App. 577, 353 A.2d 641 (1976); and

10) prior voluntary abandonment or surrender, Dietrich v. Anderson, supra; Davis v. Jurney, supra.

While the court considers all the above factors, it will generally not weigh any one to the exclusion of all others. The court should examine the totality of the situation in the alternative environments and avoid focusing on any single factor such as the financial situation, Cockerham v. The Children's Aid Soc'y of Cecil County, supra, or the length of separation. Powers v. Hadden, supra.

MUST READ MARYLAND CASES ON CUSTODY

Taylor v Taylor 508 A2d 964

Montgomery County v Sanders 381 A2d 1154

Nagle v. Hooks 460 A2d 49

 

 

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 The issues of custody revolve around what is best for the children. You will find that ultimately the court will not change custody from the status qou. Generally, the thinking is if it ain't broke don;t fit it. That is why winning custody is so important at the pendente lite hearing. What makes some thing broke and not working to justify a court changing custody often depends upon the judge you have for your hearing. However, I have seen custody changed on children doing poorly in school, children not be attended to for the everyday needs, food, cloths, neglect, and also alienation of the non-custodial parent by the custodial parent. The best advise in a custody case is to get involved in the everyday life of the children. School, doctors, homework, activities and the emotional needs the children have during this difficult time in their lives.

 

     

This site was last updated 07/12/07