Visitation Issues in Maryland Law: Treger v. Wade (2020)

Treger v. Wade: Overview of the Case

This case involved a somewhat unusual situation in which a wife was denied legal custody due to significant substance abuse issues. The parties of this case conceived a child shortly after marrying. Very soon after the birth of their child, the wife began showing signs of mental health issues, specifically anger management issues, and also began contacting an ex-boyfriend. The relationship continued to deteriorate, and the husband ultimately sought a divorce. During the divorce, a custody battle unfolded. And the husband attempted to obtain sole legal and primary physical custody. The husband based his argument on good evidence that the wife was having substance abuse issues, as well as other mental health issues.The husband produced several key witnesses during the proceedings. And those witnesses were instrumental in building the husband’s case. Ultimately, the trial court ruled in the husband’s favor, awarding him sole legal and primary physical custody. On appeal, the ex-wife was unsuccessful in overturning the trial court determination. The reasoning underlying the appellate decision was that there was ample evidence (of the wife’s substance abuse issues, etc.) on which to make the determination. Judges have considerable leeway in making these types of custody determinations. And so overturning these determinations can be a challenging hurdle.

Key Takeaway: Judges Have Wide Discretion in Making Determinations

There are several lessons from this case, but perhaps the most critical one is that those seeking to overturn an initial custody determination have an uphill battle. At least, this is the state of affairs that exists in most cases because the standard is very much geared toward deferring to the judge’s original decision. As mentioned, judges have substantial latitude when making child custody decisions; ultimately, everything must be consistent with the “best interests of the child” standard, and judges are in a position to know how to best comply with this standard.In this case, there was ample evidence to show that the wife was likely unstable (from a mental health perspective) and may be unreliable as a parent because of substance abuse issues. As mentioned, several witnesses testified on these points. Given that these issues are highly relevant in custody situations, there can be little doubt that the judge acted properly when deciding to award sole legal custody and primary physical custody to the husband. The wife received visitation rights – every other weekend with the child plus one night per week – but she wanted to overturn the judge’s original decision.She failed, in the appellate court, to show that the evidence presented by the husband was flawed or inadequate. Ultimately, the appellate court had plenty of reason to conclude that the judge’s decision should stand. Overturning an initial custody order can be very tough, and this is something that future litigants need to understand.

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