Taylor v. Taylo

508 A.2d 964 (Md. 1986)

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Nature of the Case

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Facts

Appellant Judith Ann Taylor (W) and appellee Neil Randall Taylor, III (H)were married on November 26, 1977, and are the parents of Christina Lee Taylor, born April 9, 1979, and Neil Randall Taylor, IV, born August 5, 1980. On September 10, 1982, they separated. Appellant left the marital home in Elkton and took up residence with her parents in nearby Newark, Delaware. The children continued to reside in the marital home. On September 29, H filed a Bill of Complaint in the Circuit Court for Cecil County seeking an absolute divorce and temporary and permanent custody of the children. W filed an answer on November 3 in which she requested custody of the children pendente lite and permanently. On December 7, Judge Donaldson Cole entered a pendent lite order granting the parties 'joint custody' of the children 'in consideration of the agreement of the parties.' The order further provided that the children were to reside with H in the family home, and incorporated by reference the visitation schedule previously filed. On April 7, 1983, W changed attorneys. Five days later she filed an amended and supplemental answer in which she requested that the order of December 7, 1982, be stricken, and that she be awarded care and custody of the children. W alleged that the order providing joint custody pendente lite was the result of 'a meeting with the court without her knowledge,' and of action taken by her attorney without her authority. Trial on the merits occurred H's request for an absolute divorce was granted, and the joint custody agreement was continued. Since the marital home in Elkton served as the primary residence of the children, the trial judge entered a use and possession order in favor of H. W appealed.