Maryland Child Custody Attorney
Maryland Child Custody Lawyer
When court incorporates separation agreement which contains provision for child support into divorce decree, chancellor, in his discretion, may modify amount of child support agreed upon by parties, but when decree becomes enrolled, it is res judicata between parties. Reese v. Huebschman 50 Md.App. 709, 440 A.2d 1109 Md.App., (1982).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Chancellor was not without authority to modify child support order to increase child support payments based upon increased number of children attending private schools notwithstanding father’s contention that failure of original decree to require payment for private school education of children constituted binding “law of case.” O’Connor v. O’Connor 22 Md.App. 519, 323 A.2d 632 Md.App. (1974).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Chancellor may not sua sponte modify a previously rendered award for child support. Jackson v. Jackson 272 Md. 107, 321 A.2d 162 Md. (1974).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
When the chancellor exercises discretion with respect to child support in an above-child-support-guidelines case, he or she must balance the interests and needs of the child with the parents’ financial ability to meet those needs. Walker v. Grow 170 Md.App. 255, 907 A.2d 255 Md.App.,(2006).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Facts that children’s parents had been separated for over three years prior to divorce and that relationship between them was acrimonious did not render award of joint child custody an abuse of the chancellor’s discretion; decree called for parents to share both the joys and responsibilities of parenting while allowing children to enjoy predictable and stable living arrangement. Kerns v. Kerns 59 Md.App. 87, 474 A.2d 925 Md.App.,(1984).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Fact that parties do not request joint child custody is no limitation upon authority of the court of equity to award it; while request for joint custody may be factor to be waived by chancellor in sound exercise of his discretion, it is not a jurisdictional prerequisite to such an award. Kerns v. Kerns 59 Md.App. 87, 474 A.2d 925 Md.App.,(1984).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Chancellor did not abuse his discretion in awarding custody of seven-year-old child to his paternal grandmother and step-grandfather rather than to his natural mother, where chancellor’s reasons for finding exceptional circumstances included that child had been with grandparents since one week or one month after his birth, grandparents met all child’s needs, there was close relationship between child and grandparents, mother was lax in discipline, child preferred grandparents, child’s “emotional parents” were grandparents, and child derived sense of security from status quo. Burrows v. Sanders 99 Md.App. 69, 635 A.2d 82 Md.App.,(1994).
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Child Custody Lawyer in Maryland
Child Visitation Attorney
In view of all circumstances, chancellor did not err in awarding custody of son, not of daughters, to former husband who meanwhile had remarried and who could offer son better physical and educational facilities and where retention of custody by former wife would entail the son’s continued residence with his grandparents. Daubert v. Daubert 239 Md. 303, 211 A.2d 323 MD. (1965).
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Child Custody Lawyer in Maryland
Child Visitation Attorney
Chancellor was entitled, on petition of husband for custody of his minor son then in custody of his former wife, to give weight to fact that wife had been living with a married man, but it was not to be considered exclusive of other circumstances in determining what was best for child’s welfare. Shanbarker v. Dalton 251 Md. 252, 247 A.2d 278 Md. (1968).
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Child Custody Lawyer in Maryland
Child Visitation Attorney
Chancellor’s decision to modify custody and award custody to former wife pendente lite was justified by former husband’s decision to relocate child from Michigan and surreptitiously establish residence in Canada , denying former wife her right to visitation. Shunk v. Walker 87 Md.App. 389, 589 A.2d 1303 Md.App.,(1991).
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