McDERMOTT V. DOUGHERTY 869 A.2d 751 (2005) CASE BRIEF

McDERMOTT V. DOUGHERTY

869 A.2d 751 (2005)

NATURE OF THE CASE: McDermott (F) appealed from an affirmance of a trial court's judgment awarding sole legal and physical custody of the F's son to maternal grandparents Dougherty (G).

FACTS: M and F were married in 1994. Their relationship having deteriorated, the spouses separated shortly after Patrick's birth. M, who had some history of alcohol-related trouble, was convicted of her fourth drinking and driving offense in November 2001, which ultimately would result in a period of incarceration. Just prior to her incarceration, M, who then had primary residential custody of Patrick, signed a power of attorney giving her parents, G, authority to care for Patrick and make all decisions on his behalf. Unaware of M's incarceration, F filed a motion on January 8, 2002, seeking a temporary modification of a November 8, 2001, custody order. F requested that custody be shared by himself and G. F went to sea believing that M still had legal custody of the child and not knowing of her incarceration or of the scheduled hearing on his petition. F found out about the incarceration and things between F and G went bad rather quickly. The court signed an order providing that G and F, would share 'temporary joint legal custody.' It was not clear whether G's attorney knew of the true facts of the case. Eventually G's filed a motion seeking to retain custody of Patrick. The only negative against F was that he took work at sea but he was not shown to be unfit by any standard. The court granted sole legal and physical custody of Patrick to the G. The Court of Special Appeals affirmed the trial court's decision. F appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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