McDermott v. Dougherty
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| McDermott v. Dougherty | |
| Court | Maryland Court of Appeals |
|---|---|
| Citation | |
| Date decided | March 10, 2005 |
Facts
McDermott was a sea captain with the Merchant Marine. His occupation took him on voyages that lasted months.
McDermott & his ex-wife had a child. The ex-wife had a liquor problem; she ended up in jail when her son was 6 years old. The court declared the mother to be an unfit parent. She signed a POA (power of attorney) to give her son over to her parents (the son's grandparents).Procedural History
Mr. McDermott went to court demanding full custody of his small son against the wishes of his former in-law parents.
The Maryland trial court determined that the father was a fit parent. Nevertheless, the court declared that the child's best interest would be to be with his grandparents in a stable home as opposed to the sea.Issues
In a custody dispute between a fit parent & a 3rd party, should the court first consider the best interests of the child to determine placement?
Arguments
The kid's grandparents argued that the voyages of Mr. McDermott deprived the youngling of the stability that he needed.
Holding
In a dispute between a fit parent & a 3rd party, the parent's fundamental constitutional right to raise the child creates a presumption that the child's best interest are served by staying with the parent.
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