.webp)
.png)
Disputes over child custody can be quite unpleasant. When parents battle over custody, these disputes frequently tap into very raw and powerful emotions: frustration, desperation, exasperation, anger, and others. In many instances, children sadly become a “symbol” of the general struggle occurring between the parents themselves; in other words, because parents are embroiled in the larger war of the divorce, the disputes over custody become a part of this overall situation. Sadly, parents frequently put their own selfish motivations ahead of what is truly in the best interests of the children, something which is seen time and again in Maryland’s family courts. Thankfully, our legal system is here to maintain a cool demeanor and always put the “best interests” of the children before any other concern when it comes to custody determinations.
Back in 2014, a difficult custody dispute arose in the case of McAllister v. McAllister (2014). In this case, even the appellate court referred to the dispute as “particularly acrimonious,” which is quite a tall statement given the nature of these types of cases. In the end, the father ended up taking the case to the Court of Special Appeals in Maryland and lost. Let’s go over this case to get a better sense of how these disputes can unfold.
Factual Posture of the Case
The parents in this case (Brian and Theresa McAllister) separated and then ultimately obtained an absolute divorce in February of 2012. This absolute divorce decree in February of 2012 integrated private agreements created among the parties. One of these agreements was a “parenting agreement,” in which the mother gained sole legal custody and primary physical custody of the former couple’s two sons. The father retained visitation rights.
Trouble regarding the parenting plan developed almost immediately, as both parties made allegations of improper behavior against the other. In fact, the parties made allegations of improper behavior prior to the divorce, as the relationship was already strained and there was enmity leading up to the proceedings. Shortly after the divorce was finalized, the father’s relationship with one of his sons deteriorated rapidly, and he was accused of being physically abusive. This instance of physical abuse led to further problems between the parents themselves, as the mother apparently hindered the father’s efforts to repair the relationship with his son. Furthermore, the son who had been abused was hesitant to retain a close relationship with his father.
The father stopped paying the court ordered alimony and child support payments, and instead began directing those resources to pay for the mother’s mortgage. The father tried to defend his decision to redirect the funds in this manner, but the mother still sought a contempt finding based on his failure to pay. Ultimately, the father filed actions to gain legal custody over the children, and to remove the “best interest attorney” (BIA) who had been appointed to represent his son. At trial, the father lost on all counts, and was ordered to pay back alimony and child support. This was the determination after the father had requested additional time to present his case, took an entire day to finally present his case to the court, but was unable to apparently call a witness who may have offered useful evidence on his behalf. The case then went before the appellate court.
Ruling & Post-Ruling Discussion
On the whole, not only was this case particularly acrimonious, it was procedurally complex, and so a full recitation of all the technical aspects of the case isn’t possible here. Upon review, the appellate court upheld every determination made at the trial court level, and so the father lost the battle in a clear and decisive fashion. The father’s appeal argued that the trial court had abused its discretion in making its determinations – denying the father’s attempt to reopen his case and awarding attorney’s fees to the mother, denying the father’s motion to strike the BIA, limiting the father’s time to present his case, and overruling the father’s various exceptions to the determinations made against him.
Among plenty of other things, this case shows how a parent’s behavior can influence the way courts determine custody related issues. In this case, the court denied the father’s request for legal custody partly because of his problematic behavior with respect to his son; this decision also stemmed from the continued inability of the parents to have a workable relationship with each other. The father clearly acted in ways which were in conflict with the court’s orders, and which generally did not show prudent judgment. This case shows the importance of putting aside personal issues when it comes to doing what is best for one’s children.
Contact the Murphy Law Firm for More Information
If readers want to learn more about best interest attorneys, appellate review of alleged abuses of discretion in custody cases, custody disputes in general in Maryland, or any other family law related issue, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
.png)
.png)
.png)
