Supreme Court of Maryland
Charles D. McDermott v. Hugh J. Dougherty, Sr.
March 10, 2005385 Md. 320
Summary
The court held that a private third party may not obtain custody from a natural parent merely because a judge believes that the child would fare better with the third party. Before applying the best-interests standard, the court must find parental unfitness or extraordinary circumstances causing significant detriment to the child. The court further held that a fit parent's employment requiring periodic absence from Maryland, when appropriate care has been arranged, does not constitute extraordinary circumstances. No separate opinions were filed.
Holding
- Threshold standard for private third-party custody disputes. In a custody dispute between a natural parent and a private third party, the court must first find that the natural parent is unfit or that extraordinary circumstances exist that are significantly detrimental to the child before applying the best-interests-of-the-child standard to award custody to the third party.
- Effect of the father's employment and periodic absence. A fit parent's employment requiring him to be away at sea or otherwise absent from Maryland for a period of time does not constitute extraordinary or exceptional circumstances when the parent has made appropriate arrangements for the child's care.
Docket 58, Sept. Term, 2004
Cited authorities
- 39 Vill. L. Rev. 737
- 16 Colum. J.L. & Soc. Probs., 149