McDermott v. Dougherty
Court of Appeals of Maryland
869 A.2d 751 (Md. 2005)
Charles McDermott (plaintiff) and Laura Dougherty divorced soon after their son Patrick's birth; McDermott's work as a merchant marine required long absences at sea, during which Patrick lived with Laura's parents, the Doughertys (defendants), especially after Laura was found unfit and jailed. McDermott sought legal and physical custody, and the trial court found him a fit parent but nonetheless ruled that his job-related absences constituted exceptional, harmful circumstances overriding his constitutional parental rights, awarding the Doughertys sole custody. The intermediate appellate court affirmed, and the Maryland Court of Appeals granted review.
Whether, in disputed custody cases where private third parties seek custody from a natural parent, the trial court must first find the parent unfit or find extraordinary, significantly detrimental circumstances before considering the child's best interests.