Legal Question in Family Law in Maryland

Joint Custody & Determination of Schools

My wife has joint custody of her 2.5 year old daughter (50% custody for each parent). The father lives in another county (Howard) while we live in Anne Arundle. Both parents work for the same organization at Ft. Meade (Anne Arundle county) - this is approx. 10 minutes from our house, and approx. 30 from the father's.

The daughter will be attending school in another year, and we would prefer that she attend school in AA county due to: 1) proximity to work; 2) ability of grand parents to get the child on/off bus if needed; 3) local parochial school; 4) mother working part time IOT put the child on/off the bus.

Is there existing case law that would establish a precedent in this case? How would we go about establishing a case that demonstrates the child's attendance in a school in AA county would be in her best interest? Would it make sense to petition the court for a change in custody?

Thank You.


Asked on 9/04/00, 1:03 pm

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Joint Custody & Determination of Schools

It's unfortunate that the problem about schools wasn't considered earlier, when the decision for 50/50 custody was arrived at. Your wife and the child's father should try to reach an agreement out of court about a choice of schools, but if they can't, a return to court is inevitable. There is no clear precedent regarding this matter, but it is obvious that the child can't go to school in two counties. Your wife could petition the court to change custody, on the basis of a "material change of circumstance," the fact that the child is approaching school age, or she could simply petition the court for a determination of which school, in which county, would be in the best interest of the child to attend. You have already provided some details of an argument for Anne Arundel County. You might also argue to the court that a child needs to have a primary residence, which is "home," rather than a nomadic existence.

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Answered on 10/05/00, 2:06 pm


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