Background Information: This is a transcript of my legal research final paper. The prompt was to create a research summary report, directed to Alicia Chang, Esq. regarding a child visitation case.
Research Summary Report
To: Alicia Chang, Esq.
From: Caitlyn Jennings, Paralegal
Re: Connor Child Visitation Case
Part A
1.The correct form of citation, noting the relevant subsection, would be: Md. Code Ann., Fam. Law. § 9-101(b) (West, Westlaw through the 2023 Regular Session of the General Assembly).
2.This statutory provision is directly relevant to the research question. It is directly relevant because it talks about whether a parent with a history of abuse should be awarded visitation. In the statutory provision, the court decides that they shall deny visitation rights if there is reasonable grounds to believe that the child has been abused. However, it is also important to note the differences between the subsections here. Subsection (a) pertains to determining if abuse or neglect is likely whereas subsection (b) provides for denial of custody or visitation if abuse is likely. So (a) is a determination and (b) is a remedy.
Part B
3.The Maryland state court opinion is relevant to the research question because the statute said that the court should act in the child’s best interest at all times, which in turn means denying custody or visitation rights if child abuse is suspected. This pertains to instances of abuse or likelihood of abuse and relates to the statute because the statute says that the court can deny visitation if there is reasonable grounds to believe that the child has been abused. Furthermore, it pertains to instances of abuse or the likelihood of abuse occurring and is thus applicable to the statute.
4. “In abuse and neglect case where supervised visitation had been granted, trial court did not err by not awarding unsupervised visitation to mother or by not requiring child to participate in the already-ordered supervised visitation pursuant to statute providing that when court has reasonable grounds to believe that neglect or abuse has occurred custody or visitation must be denied, except for supervised visitation, unless the court makes a specific finding that there is no likelihood of further abuse or neglect.” Md. Code Ann., Fam. Law § 9-101
5. The selected opinion is not “on all fours” with the Client’s case. The selected opinion is not “on all fours” because in the selected opinion, both parents have issues regarding their ability to be fit parents. Both parents have aspects about them and their livelihoods that do not make their homes ideal for their child, whereas in the given case, it is only the child’s father who has criminal convictions for child abuse. Furthermore, these two cases are different because in the given case, the father refused to go to court-ordered parenting and anger management classes. Such a thing does not exist for the parents in the selected opinion.
6.The selected opinion is still good law. When clicking on the history tab in Westlaw, there were no red or yellow flags, which would have indicated that the law is no longer good law. Based upon all of my research within Westlaw, this law is still considered to be good law.
Part C
7. This was my Westlaw search, beginning at the Westlaw home page: Westlaw Edge home page > Maryland cases only > statutory and court rules highlighted under content types > family law reject visitation rights abuse likely into general search bar.
