Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Finding that parties had fixed and divergent views on child rearing and were unwilling to compromise, in itself, made joint custody an unacceptable arrangement and justified denial of husband’s request for joint custody. Hughes v. Hughes 80 Md.App. 216, 560 A.2d 1145 Md.App.,(1989).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Capacity of the parents to communicate and to reach shared decisions affecting the child is the most important criterion for consideration in determining whether to award joint custody. Hughes v. Hughes 80 Md.App. 216, 560 A.2d 1145 Md.App.,(1989).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Ability of the mother and father to communicate effectively with each other is the most important factor in the determination of whether an award of joint legal custody is appropriate and is relevant as well to a consideration of shared physical custody. McCarty v. McCarty 147 Md.App. 268, 807 A.2d 1211 Md.App.,(2002).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Proper practice in any case involving joint custody dictates that parties and trial judge separately consider issues involved in both joint legal and joint physical custody and that the trial judge state specifically the decision made as to each. McCarty v. McCarty 147 Md.App. 268, 807 A.2d 1211 Md.App.,(2002).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Joint physical custody is in reality shared or divided custody, and shared physical custody may, but need not, be on a 50/50 basis, and in fact most commonly will involve custody by one parent during the school year and by the other during summer vacation months, or division between weekdays and weekends, or between days and nights. McCarty v. McCarty 147 Md.App. 268, 807 A.2d 1211 Md.App.,(2002).
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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
Blind hope that joint custody agreement will succeed, or that forcing the responsibility of joint decision making upon warring parents will bring peace, is not acceptable, when determining whether to grant joint custody. Generally, parents should be willing to undertake joint custody or it should not be ordered. Taylor v. Taylor 306 Md. 290, 508 A.2d 964 Md.,(1986).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Best interest of child is not considered as one of many factors to be considered in determining whether to grant joint custody, but as objective to which virtually all other factors speak. Question of whether to award joint custody is not considered in a vacuum, but as part of overall consideration of custody dispute. Taylor v. Taylor 306 Md. 290, 508 A.2d 964 Md.,(1986).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Legislature neither intended nor expressed limitation of power of court exercising its equitable powers to determine child custody to grant joint custody; court faced with question of child custody upon separation of parents may continue the joint custody that has existed in the past or award custody to one of parents, or to third person, depending on what is in best interest of child. Taylor v. Taylor 306 Md. 290, 508 A.2d 964 Md.,(1986).
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Maryland Child Custody Attorney
Maryland Child Custody Lawyer
Court of equity had authority to provide for joint child custody in divorce proceeding, upon determination that it was in best interests of the children; statutory language permitting court to grant custody to either parent does not preclude joint award, nor do prior decisions evince judicial disapproval thereof. Kerns v. Kerns 59 Md.App. 87, 474 A.2d 925 Md.App.,(1984).
SRIS Law Group, P.C.
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