Legal Question in Family Law in Maryland

It is well known that most family law judges are quick to give the mother custodial custody of a child. is it possible to sue or appeal a state family law judges decession (federal level) based on gender desrimination? if so, what would need to be proven?


Asked on 4/10/12, 11:54 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You can always file an appeal, but unless the judge were to overtly state on the record that he/she gives preference to the mother, which is highly unlikely, your appeal will probably be unsuccessful. The duty of the judge in a custody case is to make a decision which is in the best interest of the child, and that decision is given considerable deference by an appellate court. By the way, I disagree with your "well known" premise. It really depends on the circumstances of each case and the age of the child. I'm sure in cases of infants and toddlers who have already spent their lives with the mother, she will likely keep custody all other things being equal. With respect to older children, there are plenty of fathers who have custody.

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Answered on 4/11/12, 11:22 am


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