Montgomery County v. Sanders

In Montgomery County v. Sanders, 38 Md. App. 406, 419, 381 A.2d 1154 (1977), Chief Judge Gilbert described what a child custody determination unavoidably calls for on the part of the judge making such a call: Present methods for determining a child's best interest are time-consuming, involve a multitude of intangible factors that ofttimes are ambiguous. The best interest standard is an amorphous notion, varying with each individual case, and resulting in its being open to attack as little more than judicial prognostication. The fact finder is called upon to evaluate the child's life chances in each of the homes competing for custody and then to predict with whom the child will be better off in the future. The Court set forth a list of factors that a trial court should consider in making a custody determination, but cautioned against weighing any one factor "to the exclusion of all others." fitness of the parents; character and reputation of the parties; desire of the natural parents and agreements between the parties; potentiality of maintaining natural family relations; preference of the child; material opportunities affecting the future life of the child; age, health and sex of the child; residences of parents and opportunity for visitation; length of separation from the natural parents; prior voluntary abandonment or surrender. (38 Md. App. at 420.)