McDermott v. Dougherty

Court of Appeals of Maryland · Family Law

Family LawChild CustodyThird-Party CustodyParental RightsExceptional Circumstancesthird-party custodyfit parentfundamental parental right

Facts

Patrick's maternal grandparents sought third-party custody after Patrick's mother, who had primary residential custody, became incarcerated and gave them power of attorney to care for him. The circuit court did not find Patrick's father, Mr. McDermott, unfit, but concluded that his merchant marine employment, which required months-long periods at sea, created exceptional circumstances because it threatened stability in Patrick's living arrangements. Mr. McDermott had arranged for Patrick's care during his absences and maintained regular and frequent contact with Patrick when present in Maryland. The circuit court awarded custody to the grandparents on that basis, relying on the child's need for stability and the grandparents' role in his life.

Issue

In a custody dispute between a fit natural parent and private third parties, may a court award custody to the third parties based on best interests when the parent is not unfit but his employment requires extended absences from the state? More specifically, do employment-related absences at sea, coupled with suitable care arrangements, constitute extraordinary or exceptional circumstances sufficient to overcome the parental presumption?

Rule

In disputed custody cases where private third parties seek custody from natural parents, the trial court must first find that the parent is unfit or that extraordinary or exceptional circumstances exist that are significantly detrimental to the child remaining in the parent's custody before considering the best interests of the child. Where there is no finding of parental unfitness, a parent's employment-related absence from the state for periods of time, standing alone, does not constitute extraordinary or exceptional circumstances if the parent has made appropriate arrangements for the child's care.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Richmond, a child's maternal aunt petitions for custody from the child's father after the mother dies. The trial judge finds the father loving and legally fit, but awards custody to the aunt because her home is calmer, her income is higher, and the child seems to do better in her school district.

Under the governing rule for private custody disputes between a parent and a third party, which is the best analysis?

Explanation. In a private parent-versus-third-party custody dispute, a fit parent has a fundamental constitutional right to custody. A court cannot displace that right merely because a judge thinks a third party offers a better home, more money, or more stability. The court must first find unfitness or extraordinary/exceptional circumstances significantly detrimental to the child in the parent’s custody before reaching best interests.