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The Factors the Court looks at For Determining 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.

 

 

 

 

 

 

 

 

 

 

 
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