Legal Question in Family Law in Maryland

upon the motion of either citizen party, may a court declare both party's inalienable, constitutional, procedural, and or civil rights to be "insignificant" when custody of a third citizen - who "is not a party in a custody case" "is the question" (regardless of the fact that no attorney represent the interests of the third citizen who is the child of the two parties)?

Asked on 4/03/13, 3:13 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You seem to be asking whether a court adjudicating the rights of a child is bound to accept an agreement of the parties as to custody and/or support. The court's objective is to do what is in the best interests of the child, and if that would not be the consequence of enforcement of the agreement, the court is free to disregard it--and probably has a duty to do so.

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Answered on 4/08/13, 1:00 pm

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