Santo v. Santo

Father and Mother, the parents of two minor children, were divorced in 2011 pursuant to a decree that granted them joint legal custody. In 2014, Father filed a motion to modify custody, seeking sole custody of his sons. The circuit court denied the motion and refused to order joint custody in light of Taylor v. Taylor. In Taylor, the Supreme Court held that the most important factor for a court to consider before awarding joint custody is the ability of the parents to communicate and to reach shared decisions affecting a child’s welfare. Father appealed, arguing that that the award of joint custody was an abuse of discretion where he and Mother could not communicate or reach shared decisions for their sons. The Court of Special Appeals affirmed. The Supreme Court affirmed, holding (1) a court may grant joint legal custody to parents who cannot effectively communicate regarding matters pertaining to their children, and, in doing so, the court has the legal authority to include tie-breaking provisions in the joint legal custody award; and (2) the circuit court in this case did not abuse its discretion in ordering joint legal custody with tie-breaking provisions. View "Santo v. Santo" on Justia Law