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Case Citations [i] (Fall 2023)

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                              THE   AMERICAN
                              LAW INSTITUTE


                                    Fall 2023 Citations



         PRINCIPLES OF THE LAW OF FAMILY

               DISSOLUTION: ANALYSIS AND

                        RECOMMENDATIONS



       CHAPTER 2.   THE  ALLOCATION OF CUSTODIAL AND DECISIONMAKING
                           RESPONSIBILITY FOR CHILDREN

              TOPIC  1. SCOPE,  OBJECTIVES,   DEFINITIONS,   AND  PARTIES

§ 2.03. Definitions

Md.Spec.App.2022. Subsec. (c), com. (c), and illus. 16 quot. in sup. Mother of minor child filed a
motion to modify custody, alleging that plaintiff was entitled to full legal and physical custody of child,
who had been placed in custody of child's maternal grandmother after mother was incarcerated. The trial
court granted plaintiff's motion. This court vacated in part and remanded, holding, inter alia, that the
trial court erred in finding that it was in the child's best interests to award custody to plaintiff on the
ground that grandmother was not child's de facto parent, because the record showed that grandmother
fulfilled plaintiff's role as mother during the incarceration period. Citing Principles of the Law of Family
Dissolution § 2.03, the court pointed out that the fact that grandmother received financial benefits from
the government in order to support child did not disqualify her from being child's de facto parent,
because grandmother took up care of child out of familial affinity and not primarily for the purpose of
receiving financial compensation. Caldwell v. Sutton, 286 A.3d 82, 111, 112.















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