Meyr v. Meyr (2010) & More on Best Interest Attorneys

In the past, we’ve briefly discussed the use of “best interest attorneys” in the context of custody disputes here in the State of Maryland. As we’ve seen, Maryland family courts occasionally appoint best interest attorneys to protect and guard the true interests of children in a given situation. The factual details of any such appointment will of course vary, but the central aim of this appointment is always the same – the resolution of any preexisting instability among the family members, and the development of the best possible custody arrangement. And, of course, the best arrangement is the one which simply ensures that the children’s best interests are served.

Naturally, whenever a best interest attorney is appointed by the court, attorney’s fees can rapidly add up over time. These fees can become problematic for parties, especially in cases in which substantial costs have already been incurred due to other causes. In these situations, whenever such an attorney is appointed, a question may arise as to the proper distribution of these fees between the parties. This issue, along with many other issues, arose in the case of Meyr v. Meyr (2010). Although this is an older case, it still demonstrates the sort of controversies which can arise from the fees associated with best interest attorneys.

Here at the Murphy Law Firm, our goal is not just to discuss cases which are happening in the present, or immediate past, but also to discuss cases which have the potential to confer great benefits to our readers. With that in mind, let’s proceed with the details of this significant case.

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Facts of the Case

This case was a bit unfortunate in its finer details. The father was a Maryland resident and native U.S. citizen, while the mother was originally from the Philippines. The mother didn’t speak fluent English, and had few marketable skills when she arrived in America. The father had met her via “mail order bride” organization, and the mother’s sole purpose coming to America was to marry the father. The couple produced three children, and ultimately the marriage dissolved after approximately 10 years.

By most accounts, the relationship between the parents deteriorated substantially following the dissolution of the marriage; the children began to express negative attitudes toward their mother, and the court regarded the situation as a danger to the children’s long-term psychological wellbeing. The father was the lead earner, given the mother’s relatively low level of employability at the time of the divorce and also following the divorce during the custody dispute. Because of the father’s financial condition, and also the status of the relationship between the children and the mother, the court appointed a best interest attorney to facilitate family reunification therapy and also develop an ideal custody arrangement, and required the father to pay the entirety of the attorney’s fees. The court also required the father to pay the mother’s attorney’s fees in advance of her appeal; he was also ordered to pay alimony.

The father appealed the divorce judgment, and made arguments against multiple determinations made by the trial court.

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Ruling & Analysis

Following its analysis, the appellate division ruled that the trial court had improperly required the father to pay all the best interest attorney’s fees, although it also upheld all other determinations (against the father). In the end, therefore, his appeal was largely unsuccessful, but he did succeed in at least temporarily halting payment of the best interest attorney. Basically, the court’s reasoning was that the trial court had prematurely imposed the fees on the father without fully taking into consideration both the father’s and mother’s financial situation. Although there was no issue that the father earned more, and had greater employability, the appellate division found that the trial court had failed to conduct a thorough analysis before reaching its conclusion.

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Contact the Murphy Law Firm for Additional Information

For more information on the dynamics of the “best interests” for children standard in Maryland, appointment of best interest attorneys, child custody disputes generally in Maryland, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.

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