FAMILY LAW – Custody: Temple v. Temple (COA 11/13/2009)

Temple v. Temple
2009-CA-000044 11/13/09 2009 WL 3786862

Opinion by Judge Nickell; Judge Wine and Senior Judge Harris concurred.

The Court affirmed an order of the circuit court finding that appellant waived her superior right to her son’s custody and awarding custody of the child to appellant’s mother. The Court held that appellant’s testimony that she would give custody of the child to her father was the equivalent of an express waiver of her superior right to custody and therefore, the trial court did not err in awarding custody to appellee, allowing appellant and her father to share visitation, and directing appellant to pay child support.

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