Elza v. Elza

JAMES C. MORTON, Jr., Retired, Specially Assigned Judge.

The question we confront in this case is whether the chancellor in a child custody proceeding erred in basing his award of custody to the mother solely on the maternal preference presumption. We conclude that reliance on this presumption contradicts the clear, unambiguous language of Maryland Code (1957, 1983 Repl.Vol.) Art. 72A, § 1, which states in pertinent part: “[I]n any custody proceeding, neither parent shall be given preference solely because of his or her sex.” 1 Therefore, we shall vacate the judgment below and remand the case…