In a recently decided unreported Maryland Court of Special Appeals Decision the appellate court upheld the trial court's determination to award the grandparents custody of the biological parent's child. The trial court indicated that it awarded the grandparents...
Child Custody
Confirming the Obvious
The recent case of Oganov v. Oganov involved an appeal from a decision of Judge Cynthia Callahan of the Montgomery County Circuit Court. Judge Callahan awarded sole legal and primary physical custody to the mother. The mother appealed, apparently being concerned that...
Temporary Custody and Guardianship Issues
We are often asked by clients to draw up a document appointing a temporary guardian for their children. Unfortunately, the only document which is provided for under the Maryland Code is a document which appoints a standby guardian for six months in the event a...
In For A Penny, In For A Pound
In the case of Friedetzky v. Hsia, a New York resident was alleged to be the father of a child in a custody action brought in Maryland, by the child's mother. The New York resident requested a paternity test and engaged in financial discovery before admitting he was...
Lengthy Visitation Within Six Months Does Not Impact Which State Is Granted Custody Jurisdiction
When parents live far apart, in different states, it is often critical which state's court has jurisdiction over a disputed custody case. The state that has jurisdiction will have the dispute heard in the courts located in that state. Thus, the unlucky parent who...
Losing Custody
In the recent CINA (Children In Need of Assistance) case of In re Joy D., the Maryland Court of Special Appeals held that a parent can permanently lose their right to regain custody if they persistently fail to take the necessary steps in working towards reunification...
Non Existent Attorney’s Fees Must be Considered in Custody Case
In Davis v. Petito the trial court awarded attorney's fees to a father who it found had been falsely and baselessly accused of sexual abuse by the child's mother. The Court of Appeals reversed the case indicating that the trial court had to consider attorney's fees...
Top Ten Things That Should Not be Done in a Custody Dispute
1. Discuss your custody case with your children or ask them to pick sidesMost of the time children want their parents to get along. They are frightened when it is clear that a separation and/or divorce are imminent. When a child is curious about the case it is often...