Sunday, December 8, 2013

Leary v. Leary case brief

Leary v. Leary case brief summary
627 A.2d 30 (1993)


CASE SYNOPSIS
Appellant husband sought review of an order from the Circuit Court of Wicomico County (Maryland), which failed to enter a judgment of absolute divorce in appellant's favor, awarded appellee wife sole legal custody of the parties' children, and failed to instruct the children's counsel as to her duties.

CASE FACTS
Appellant husband filed a complaint in a trial court, seeking custody of his children with appellee wife, and a divorce on the grounds of desertion and adultery. The trial court failed to enter a judgment of absolute divorce in appellant's favor, awarded appellee sole legal custody of the children, and failed to instruct the children's counsel as to her duties. Appellant sought review.

DISCUSSION

  • The court affirmed the trial court's judgment in part, and remanded insofar as it related to the entry of a divorce decree. 
  • After reviewing the trial judge's decision declining to award joint custody, the court held that the trial judge was not clearly erroneous in making his factual findings, nor did he abuse his discretion. 
  • The court concluded, however, that the trial judge erred in failing to resolve the divorce issue between the parties. 
  • The court found ample evidence to support the award of sole legal custody to appellee wife. 
  • The court concluded the best interests of the children were better served by a structure, but one that permitted flexibility if the parents were able to handle it.

CONCLUSION
The court affirmed in part a trial court's judgment awarding appellee wife sole custody of the parties children and failing to enter a judgment of absolute divorce in appellant husband's favor. The court remanded insofar as the trial court's entry of a divorce decree because the trial judge erred in failing to resolve the divorce issue between the parties, but there was ample evidence to support the award of sole custody to appellee.

Suggested law school course materials, hornbooks, and guides for Constitutional Law

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.