Written by attorney David Christopher Martino

Child Custody Factors in Maryland

The ten factors stated in Montgomery County v. Sanders, 38 Md.App. 406 (1977), along with cases quoted in the video, are the following:

  1. Fitness of the Parties: Cornwell v. Cornwell, 244 Md. 674 (1966)

  2. Character and Reputation of the Parties

  3. Desire of the Natural Parents and Agreements Between the Parties: McClary v. Follett, 226 Md. 436 (1961); Davis v. Jurney, 145 A.2d 846 (D.C.Mun.App.1958)

  4. Potentiality of Maintaining Family Relations: Melton v. Connolly, 219 Md. 184 (1959)

  5. Preference of the Child: Ross v. Pick, 199 Md. 341 (1952)

  6. Material Opportunities Affecting the Future Life of the Child: Butler v. Perry, 210 Md. 332 (1956) ; Thumma v. Hartsook, 239 Md. 38 (1965)

  7. Age, Health, and Gender of the Child

  8. Residences of Parents and Opportunities for Visitation: Rzeszotarski v. Rzeszotarski, 296 A.2d 431 (D.C.App.1972)

  9. Length of Separation from Natural Parents

  10. Any Prior Abandonment or Surrender of Custody

See also, Taylor v. Taylor, 306 Md. 290 (1986).

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